EFF staff attorney Nate Cardozo said, “The DEA’s program of untargeted and suspicionless surveillance of Americans’ international telephone call records—information about the numbers people call, and the time, date, and duration of those calls—affects millions of innocent people, yet the DEA operated the program in secret for years.”

“Both the First and Fourth Amendment protect Americans from this kind of overreaching surveillance,” Cardozo continued. “This lawsuit aims to vindicate HRW’s rights, and the rights of all Americans, to make calls overseas without being subject to government surveillance.”

According to USA Today‘s investigation, U.S. Attorney General Eric Holder shut down USTO in September 2013, following NSA whistleblower Edward Snowden’s revelations earlier that summer, and the DEA purged the database it had accumulated. But three months later, the agency was already seeking permission from the Justice Department to restart the operation.

It withdrew that request when agents came up with a solution, USA Today reports:

“The disparity between the DEA’s under oath statement—that its collection had been ‘suspended’ and that the resulting database would not be accessed ‘for investigative purposes’—and the officials’ out-of-court statements—that the program had ended and the data deleted—illustrates the need for this lawsuit,” Cardozo wrote in a blog post Wednesday.

PoKempner added, “The DEA surveillance program puts human rights defenders and victims of abuses in grave danger. Such surveillance effectively chills the use of telephones to collect human rights information in some of the world’s most dangerous situations, in some of the world’s most dangerous countries.”

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