DOJ Defends Telephony Metadata Program in SDNY

Readers following EPIC’s petition at the Supreme Court seeking review of the government’s telephony metadata program will be interested in this memorandum DOJ filed today in support of dismissing a complaint in a similar challenge brought by the ACLU in the South District of New York. The first ten pages of the government’s memorandum raise procedural objections; the next twenty pages cover the merits. Based on a quick skim, the merits analysis largely tracks the Administration’s recent “white paper” defending the program (a document I critiqued here). For more, see the SDNY Blog.