Federal Judge Gives EFF Client OK to Discovery in Lawsuit Challenging DEA Bulk Surveillance Constitutionality

U.S. District Judge Philip Gutierrez ruled in favor of Electronic Frontier Foundation client Human Rights Watch’s request for discovery last week in the group’s challenge on the constitutionality of the Drug Enforcement Administration’s bulk surveillance program, EFF Staff Attorney Mark Rumold wrote in a blog post Tuesday. “Friday’s decision is rare, and it’s a decisive victory -- both for HRW and for the general public,” Rumold said. The order “forces the government to answer questions, under oath, about the steps it took to ensure that all illegally collected records have been fully purged from all government systems,” he said. Though the court “narrowed the scope of the discovery HRW can take, the decision is still a victory” and will provide much needed insight into the government’s surveillance program and whether the government continues to retain and use those illegally collected records, Rumold said.