3rd Circ. Revives Challenge To NSA Email Surveillance

Law360, Nashville (October 5, 2016, 7:49 PM EDT) -- The Third Circuit on Wednesday in a precedential decision revived an attorney's proposed class action alleging that the National Security Agency's PRISM electronic surveillance program is unconstitutional, ruling that he had plausibly pled an actual injury suffered as a result of the program.

Although a district court found that Elliott Schuchardt had not plausibly shown that he had specifically been harmed by PRISM's purported "dragnet" of email and other electronic communications, Schuchardt had done enough to tentatively show personal injury, a three-judge panel ruled, vacating the district court's ruling.

"The consequences that he identifies as flowing from the government's alleged dragnet...

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