Court Challenges to NSA Surveillance: 2017 in Review …
One of the governments most powerful surveillance tools is scheduled to sunset in less than three weeks, and, for months, EFF has fought multiple legislative attempts to either extend or expand the NSAs spying powerswarning the public, Representatives, and Senators about circling bills that threaten Americans privacy. But the frenetic, deadline-pressure environment on Capitol Hill betrays the slow, years-long progress that EFF has made elsewhere: the courts.
2017 was a year for slow, procedural breakthroughs.
Here is an update on the lawsuits that EFF and other organizations have against broad NSA surveillance powers.
EFF began 2017 with significant leverage in our signature lawsuit against NSA surveillance, Jewel v. NSA. The year prior, U.S. District Court Judge Jeffrey White in Oakland, California, ordered the U.S. government to comply with EFFs discovery requestswhich are inquiries for evidence when lawsuits advance towards trial. In several lawsuits, this process can take months. In Jewel v. NSA, simply allowing the process to begin took eight years.
This year, EFF waited expectantly for the U.S. government to provide materials that could prove our plaintiff was subject to NSA surveillance through the agencys practice of tapping into the Internets backbone to collect traffic. But expectations were tempered. The U.S. governments lawyers missed the discovery deadline, asked for an extension, and were given a new, tentative deadline by the judge: August 9, 2017.
The U.S. governments lawyers missed that deadline, and asked for an extension, approved by the judge: October 9, 2017.
The U.S. governments lawyers missed that deadline, and asked for another extension, this time indefinitely.
Producing the materials, the government attorneys claimed, was simply too difficult to do on a timely basis.
[T]he volume of documents and electronic data that the government defendants must review for potentially responsive information is massive, the attorneys wrote.
EFF strongly opposed the governments request for an indefinite extension, and suggested a new deadline in January to comply with the courts previous orders. The judge agreed and put an end to the delay. The deadline is now January 22, 2018.
The basic premise of our questions is simple: we want information that explains whether the plaintiffs data was collected.
EFF hopes the government can follow the judges orders this time.
EFF filed an amicus brief this year asking the Supreme Court to overturn a lower courts ruling that allowed government agents to bypass the Fourth Amendment when searching through the electronic communications of U.S. persons.
The amicus was filed after a decision in Mohamud v. United States, a lawsuit that concerns the electronic communications of American citizen Mohamed Mohamud. In 2010, Mohamud was arrested for allegedly plotting to use a car bomb during a Christmas tree lighting ceremony in his home state of Oregon. It was only after Mohamuds conviction in U.S. v. Mohamud that he learned the government relied on evidence collected under Section 702 of the FISA Amendments Act for his prosecution.
Section 702 authorizes surveillance on non-U.S. persons not living in the United States. Mohamud fits neither of those categories. After learning that the evidence gathered against him was collected under Section 702, Mohamud challenged the use of this evidence, claiming that Section 702 was unconstitutional.
The U.S. Court of Appeals for the Ninth Circuit, which heard Mohamuds counter arguments, disagreed. In a disappointing opinion that scuttles constitutional rights, the court ruled that Americans whose communications are incidentally collected under Section 702 have no Fourth Amendment rights when those communications are searched and read by government agents.
Together with Center for Democracy & Technology and New Americas Open Technology Institute, EFF supported Mohamuds request that the U.S. Supreme Court reconsider the appellate courts opinion.
We urge the Supreme Court to review this case and Section 702, which subjects Americans to warrantless surveillance on an unknown scale, said EFF Staff Attorney Andrew Crocker. We have long advocated for reining in NSA mass surveillance, and the incidental collection of Americans private communications under Section 702 should be held unconstitutional once and for all.
EFF also filed an amicus brief in the case of U.S. v. Agron Hasbajrami, a lawsuit with striking similarities to U.S. v. Mohamud.
In 2011, Agron Hasbajrami was arrested at JFK Airport before a flight to Pakistan for allegedly providing material support to terrorists. In 2013, Hasbajrami pleaded guilty to the charges.
Hasbajramis court case was set for July 2015. Before going to trial, Hasbajrami pleaded guilty a second time.
But then something familiar happened. Much like Mohamud, Hasbajrami learned that the evidence used to charge him was collected under Section 702. And, just like Mohamud, Hasbajrami is a U.S. person living inside the United States. He is a resident of Brooklyn, New York.
Hasbajrami was allowed to request to withdraw his plea, and his lawyers argued to remove the evidence against him from court. Hasbajramis judge denied the request, and the case was moved to the Second Circuit Court of Appeals.
EFF and ACLU together urged the Second Circuit Court of Appeals to make the right decision. There is opportunity for the appellate court to protect the constitutional rights of all Americans, defending their privacy and enshrining their security from warrantless search. We plead to the court to not make the same misguided decision made in Mohamud v. U.S.
The Wikimedia Foundation scored an enormous victory this year when an appeals court allowed the nonprofits challenge to NSA surveillance to move forward, reversing an earlier decision that threw the lawsuit out.
Represented by the ACLU, Wikimedia sued the NSA in 2015 for the use of its upstream program, the same program that EFF is suing the NSA over in Jewel v. NSA. Wikimedia argued that the program infringed both the First Amendment and Fourth Amendment.
Originally filed in the U.S. District Court for the District of Maryland, Wikimedias lawsuit was thrown out because the court ruled that Wikimedia could not prove it had suffered harm due to NSA surveillance. This ability to prove that a plaintiff was actually wronged by what they allege is called standing, and the court ruled Wikimediaand multiple other plaintiffslacked it.
But upon appellate review, the Fourth Circuit Court of Appeals approved standing for Wikimedia in May 2017. However, the appellate court denied standing for other plaintiffs in the lawsuit, which included Human Rights Watch, The Nation Magazine, The Rutherford Institute, Amnesty International USA and more.
This victory on a small issuestandingis an enormous victory in continuing the fight against NSA surveillance.
The judicial system can be slow and, at times, frustrating. And while victories in things like discovery and standing may seem only procedural, they are the first footholds into future successes.
EFF will continue its challenges against NSA surveillance in the courts, and we are proud to stand by our partners who do the same.
This article is part of our Year In Review series.Read other articles about the fight for digital rights in 2017.
Go here to read the rest:
Court Challenges to NSA Surveillance: 2017 in Review ...
- CISA, NSA, and Partners Issue Annual Report on Top Exploited Vulnerabilities - HSToday - December 5th, 2024 [December 5th, 2024]
- Where Will The Top Amateurs at NSA Yamaha Land After the Team Closes? - Vurbmoto - December 5th, 2024 [December 5th, 2024]
- CISA, NSA, FBI and International Partners Publish Guide for Protecting Communications Infrastructure - HSToday - December 5th, 2024 [December 5th, 2024]
- Main players backing Syrian government have been weakened by other conflicts, NSA Sullivan says - NBC News - December 5th, 2024 [December 5th, 2024]
- Trump's incoming NSA Mike Waltz wants US to dance cheek-to-check with India - The Times of India - November 14th, 2024 [November 14th, 2024]
- What Trump's NSA Nominee Said On India's Pivotal Role In The 21st Century - NDTV - November 14th, 2024 [November 14th, 2024]
- Exclusive: Nakasone on exploding pagers, life after the NSA and another possible government job - The Record from Recorded Future News - November 14th, 2024 [November 14th, 2024]
- FBI, CISA, and NSA reveal most exploited vulnerabilities of 2023 - BleepingComputer - November 14th, 2024 [November 14th, 2024]
- CISA, NSA, and Partners Issue Annual Report on Top Exploited Vulnerabilities - National Security Agency - November 14th, 2024 [November 14th, 2024]
- 6 Principles of Operational Technology Cybersecurity released by joint NSA initiative - Security Intelligence - November 14th, 2024 [November 14th, 2024]
- It's official FBI, CISA, and NSA reveal the most exploited vulnerabilities of 2023 - TechRadar - November 14th, 2024 [November 14th, 2024]
- Donald Trump picks Mike Waltz as US NSA: What it means for China and India - The Times of India - November 14th, 2024 [November 14th, 2024]
- Who is Mike Waltz, Donald Trump's new NSA pick? What are his ties to India Caucus? - Firstpost - November 14th, 2024 [November 14th, 2024]
- NSA should not oversee the management of national facilities RexDanquah - Citi Sports Online - November 14th, 2024 [November 14th, 2024]
- Trudeaus NSA admits to leaking secret intel alleging Indias interference to Washington Post - Firstpost - October 31st, 2024 [October 31st, 2024]
- White House dials NSA Ajit Doval: Here's what happened in the call - The Economic Times - October 31st, 2024 [October 31st, 2024]
- NSA Doval Stresses Need For Stable Indo-Pacific In Phone Call With US Counterpart Sullivan - News18 - October 31st, 2024 [October 31st, 2024]
- Director-General of NSA calls for continued support from government - GhanaWeb - October 21st, 2024 [October 21st, 2024]
- 5G Non Standalone Nsa Architecture Market to Reach USD 240.0 - openPR - October 21st, 2024 [October 21st, 2024]
- NSA meets with Minister Muir and DAERA to discuss industry concerns - Meat Management - October 21st, 2024 [October 21st, 2024]
- NSA cyber chief: Espionage is now Russias focus for cyberattacks on Ukraine - The Record from Recorded Future News - October 11th, 2024 [October 11th, 2024]
- NSA Investigating If Chinese Hackers Breached US Telecoms - Yahoo Finance - October 11th, 2024 [October 11th, 2024]
- NSA Issues Updated Guidance on Russian SVR Cyber Operations - National Security Agency - October 11th, 2024 [October 11th, 2024]
- News - Honoring the Stars and Stripes: NSA Philadelphia Hosts Dignified Flag Disposal Ceremony - DVIDS - October 11th, 2024 [October 11th, 2024]
- NSA's Program for Nursing Mothers in the Workplace Considered a Model for USG - National Security Agency - October 11th, 2024 [October 11th, 2024]
- NSA investigating hack of three major telecommunications companies - Baltimore Sun - October 11th, 2024 [October 11th, 2024]
- Honoring the Stars and Stripes: NSA Philadelphia Hosts Dignified Flag Disposal Ceremony [Image 8 of 8] - DVIDS - October 11th, 2024 [October 11th, 2024]
- NSA Hiring Over a Thousand in the Next Year - ClearanceJobs - October 4th, 2024 [October 4th, 2024]
- What Its Really Like to Work at NSA - National Security Agency - October 4th, 2024 [October 4th, 2024]
- US Elections: Former NSA John Bolton Claims Both Harris And Trump Do Not Qualify To Be President | NewsX Exclusive - NewsX - October 4th, 2024 [October 4th, 2024]
- Honoring the fallen: Bells toll for Americas heroes at NSA Mechanicsburg - American Military News - October 4th, 2024 [October 4th, 2024]
- How often should you turn off your phone? Heres what the NSA says - PCWorld - October 4th, 2024 [October 4th, 2024]
- NSA and Allies Issue Advisory about PRC-Linked Actors and Botnet Operations - HSToday - September 28th, 2024 [September 28th, 2024]
- NSA warns that Active Directory is an "exceptionally large and difficult to defend" attack surface - The Stack - September 28th, 2024 [September 28th, 2024]
- News - Honoring the Fallen: Bells Toll for Americas Heroes at NSA Mechanicsburg - DVIDS - September 28th, 2024 [September 28th, 2024]
- National Storage Affiliates Trust (NYSE:NSA) Given Average Recommendation of "Reduce" by Brokerages - MarketBeat - September 28th, 2024 [September 28th, 2024]
- Lack of Standard Stadiums: NSA boss sacked, facilities closed - What has been said and done so far - GhanaWeb - September 21st, 2024 [September 21st, 2024]
- NSA and Allies Issue Advisory about PRC-Linked Actors and Botnet Operations - National Security Agency - September 21st, 2024 [September 21st, 2024]
- UTEP Establishes Collaboration with DoD, NSA to Help Enhance U.S. Semiconductor Workforce - The University of Texas at El Paso - September 21st, 2024 [September 21st, 2024]
- The NSA advises you to turn off your phone once a week - here's why - ZDNet - September 21st, 2024 [September 21st, 2024]
- NSA Publishes Cyber Advisory on China-Linked Threat Actors - Executive Gov - September 21st, 2024 [September 21st, 2024]
- Former NSA Director Nakasone opens new institute at Vanderbilt to train right type of leader - Washington Times - September 21st, 2024 [September 21st, 2024]
- ACR lauds legislation that would fine insurers for delayed NSA payments - AuntMinnie - September 16th, 2024 [September 16th, 2024]
- NSA threatens lawsuit over election rigging allegation, demands apology - Pulse Nigeria - September 16th, 2024 [September 16th, 2024]
- NSA explains its work with private sector on election security and fighting foreign cyber threats - Washington Times - September 16th, 2024 [September 16th, 2024]
- NSA to debut podcast to boost public awareness of classified missions - Nextgov/FCW - August 31st, 2024 [August 31st, 2024]
- In Beijing, Bidens NSA Calls Out Chinas Destablising Actions, Openly Supports Philippines - Hindustan Times - August 31st, 2024 [August 31st, 2024]
- Why the NSA advises you to turn off your phone once a week - ZDNet - August 31st, 2024 [August 31st, 2024]
- Getting into rhythm: NSA places high expectations on themselves for 2024 - Suffolk News-Herald - August 31st, 2024 [August 31st, 2024]
- NSA readying podcast to share untold stories of codebreakers missions - Washington Times - August 31st, 2024 [August 31st, 2024]
- Trump govt stopped aid to Pakistan over ISI's 'undeniable complicity' with terrorists: Ex-US NSA - Hindustan Times - August 31st, 2024 [August 31st, 2024]
- Top NSA researcher tapped to lead Pentagons UAP investigation hub - DefenseScoop - August 27th, 2024 [August 27th, 2024]
- NSA Releases Guide to Combat Living Off the Land Attacks - Infosecurity Magazine - August 27th, 2024 [August 27th, 2024]
- With a little help from the National Archives, NSA finally releases Grace Hopper lecture. Watch it here. - MuckRock - August 27th, 2024 [August 27th, 2024]
- Trump administration NSA H.R. McMaster says there was "inconsistency" in foreign policy - CBS News - August 25th, 2024 [August 25th, 2024]
- 'Putin exploited Trump's ego and insecurities': Former NSA in new book - The Times of India - August 25th, 2024 [August 25th, 2024]
- NSA calls for urgent Government action on illegal sheep imports - Meat Management - August 14th, 2024 [August 14th, 2024]
- Sheikh Hasina Resignation LIVE Updates: Ex Bangladesh PM Sheikh Hasina Meets NSA Ajit Doval At Hindon Airbase - NDTV - August 5th, 2024 [August 5th, 2024]
- NSA Claims It Cant Watch an Important Tape It Recorded in the 1980s - Gizmodo - July 17th, 2024 [July 17th, 2024]
- Letter to NSA Sullivan Requesting Assessment of Information Russia Has Shared with the PRC on U.S. Weapons Capabilities in Ukraine - Select Committee... - July 17th, 2024 [July 17th, 2024]
- The NSA Is Defeated By A 1950s Tape Recorder. Can You Help Them? - Hackaday - July 17th, 2024 [July 17th, 2024]
- Letter to NSA on Microsoft's Billion Dollar Partnership with UAE Firm G42 - Select Committee on the CCP | - July 17th, 2024 [July 17th, 2024]
- NSA Fast Pitch World Series kicks off with Skills Competition & Heavy Hitters Camp, featuring College World Series Champions from the University... - July 17th, 2024 [July 17th, 2024]
- NSA contractor bilked government for hundreds of hours she never worked - Washington Times - July 6th, 2024 [July 6th, 2024]
- Signals intelligence has become a cyber-activity - The Economist - July 6th, 2024 [July 6th, 2024]
- OpenAI adds former NSA chief to its board - CNBC - June 15th, 2024 [June 15th, 2024]
- Former head of NSA joins OpenAI board - The Verge - June 15th, 2024 [June 15th, 2024]
- Former NSA Head Joins OpenAI Board and Safety Committee - RetailWire - June 15th, 2024 [June 15th, 2024]
- Former NSA head joins OpenAI board and safety committee - TechCrunch - June 15th, 2024 [June 15th, 2024]
- OpenAI Appoints Cybersecurity Expert And Retired US Army Genera With NSA Pedigree To Board, Enhancing AI ... - Benzinga - June 15th, 2024 [June 15th, 2024]
- Former NSA head Paul Nakasone to helm national security institute at Vanderbilt - The Record from Recorded Future News - May 15th, 2024 [May 15th, 2024]
- US is still chasing down pieces of Chinese hacking operation, NSA official says - The Record from Recorded Future News - March 18th, 2024 [March 18th, 2024]
- 6 CISO Takeaways from the NSA's Zero-Trust Guidance - Dark Reading - March 18th, 2024 [March 18th, 2024]
- St. John's M.S. in Cyber and Information Security Earns Key NSA Validation - St John's University News - March 18th, 2024 [March 18th, 2024]
- Senate votes to confirm Lt. Gen. Timothy Haugh to lead CYBERCOM and NSA/CSS - United States Cyber Command - December 23rd, 2023 [December 23rd, 2023]
- NSA Highlights AI, Partnerships in 2023 Cyber Review - MeriTalk - December 23rd, 2023 [December 23rd, 2023]
- NSA Publishes 2023 Cybersecurity Year in Review - National Security Agency - December 23rd, 2023 [December 23rd, 2023]
- Senate votes to confirm Lt. Gen. Timothy Haugh to lead CYBERCOM and NSA/CSS - National Security Agency - December 23rd, 2023 [December 23rd, 2023]
- NSA Reiterates Achievements in AI & Defense Against Russia, China in 2023 Cybersecurity Review - Executive Gov - December 23rd, 2023 [December 23rd, 2023]
- NSA appoints new Cyber Command head | SC Media - SC Media - December 23rd, 2023 [December 23rd, 2023]