Supreme Court Asked to Look at Warrantless NSA Spying Powers – InsideSources
Digital rights advocates asked the U.S. Supreme Court Thursday to review the case of an American convicted with evidence gathered under FISA Section 702 warrantless National Security Agency surveillance authority meant to spy on foreign nationals.
Privacy and digital rights groups including the Electronic Frontier Foundation (EFF) filed a petition Thursday with the nations highest court seeking review of the case ofMohammed Mohamud, an American citizen who was charged in 2012 with planning to car-bomb a Christmas tree lighting ceremony in Portland, Oregon. Information used to prosecute Mohamud was gathered using Section 702 of the 2008 Foreign Intelligence Surveillance Amendments Act.
Section 702 authorizes NSA to tap the physical infrastructure of internet service providers, like fiber connections, to intercept foreign emails, instant messages, and other communications belonging to foreign nationals as they exit and enter the U.S. But according to NSA, the program also incidentally sweeps up the communications of Americans corresponding with, and until recently, merely even mentioning foreign targets.
NSA is legally barred from searching through Americans communications without a warrant, but that wasnt the case with Mohamud. His emails were intercepted specifically by a program dubbed PRISM, the existence of which was leaked to the press by former NSA contractor Edward Snowden in 2013. PRISMgives NSA access to communications transmitted over internet edge services like Google, Yahoo, or Facebook.
Mohamud learned after his conviction that his emails were gathered under Section 702 and sought to suppress the evidence, arguing its gathering violated his Fourth Amendment rights against search and seizure without a warrant. The U.S. Court of Appeals for the Ninth Circuit noted the governments conduct was quite aggressive at times but upheld the search, a move EFF, the Center for Democracy and Technology and New Americas Open Technology Institute call dangerous and unprecedented.
The ruling provides an end-run around the Fourth Amendment, converting sweeping warrantless surveillance directed at foreigners into a tool for spying on Americans, Mark Rumold, a staff attorney for EFF, said Thursday. Section 702 is unlike any surveillance law in our countrys history, it is unconstitutional, and the Supreme Court should take this case to put a stop to this surveillance.
The groups add weight to a Supreme Court petition filed by Mohamuds attorneys in July, and join a long list of battles from the courts to Congress over the legality of Section 702. Wikimedia and the ACLU are suing the government over the use of Section 702 in theFourth Circuit Court of Appeals, and Congress has held several hearings this year to debate the laws renewal ahead of its expiration at the end of December.
Section 702 is at the heart of a dispute between Oregon Democratic Sen. Ron Wyden and Director of National Intelligence Dan Coats, the nations top spy chief. Wyden has pressed Coats and his predecessor to provide an estimate of the number of Americans incidentally swept up in Section 702 that both claim is impossible to produce. The senator has further suggested the authority could be used to warrantlessly target Americans directly.
Congresss concerns over Section 702 have become a point of rare bipartisanship for some. Kentucky Republican Sen. Rand Paul has fought alongside Wyden to peel back the curtain on Section 702. South Carolina Republican Sen. Lindsay Graham is grilling intelligence officials for information about what Section 702 gathers on lawmakers and other members of government, and if those intercepts can and are used to politically target government officials like former National Security Adviser Michael Flynn.
In testimony to Congress intelligence chiefs including NSA Director Mike Rogers have admitted Section 702 programs have a history of compliance issues, some highlighted by the Foreign Intelligence Surveillance Court, which approves more than 99 percent of the governments secret surveillance requests.
The typically intel-friendly court chastised the government for an institutional lack of candor on a very serious Fourth Amendment issue. One such opinion said NSA has engaged in significant overcollection . . . including the content of communications of non-target U.S. persons and persons in the U.S.
As a result, NSA in April suspended a Section 702 practice known as about collection when NSA sweeps up American emails and text messages exchanged with overseas users that simply mention search terms like an email address belonging to a target but isnt to or from a target.
The agency recently told Congress its working on a technical solution to reengage about collection.
All of the pushback comes as intelligence leaders pressure Congress not just to renew Section 702 but implement it permanently. Top Republicans and Democrats have endorsed the idea, including Senate Majority Whip John Cornyn of Texas and Intelligence Committee Ranking Member Dianne Feinstein of California.
In a recent interview, Snowden said using Section 702 to surveil Americans requires the agency to engage in little more than word games. Privacy advocates suspect the loophole created by Section 702 likelyamounts to millions or even hundreds of millions of warrantless interceptionsbelonging to Americans.
Follow Giuseppe on Twitter
Read more:
Supreme Court Asked to Look at Warrantless NSA Spying Powers - InsideSources
- Confused about which VPN is right, US senator asks the NSA for guidance - Ars Technica - September 4th, 2026 [September 4th, 2026]
- Former NSA cybersecurity official: Pro-China 'influence operations' and 'cognitive warfare' work in protests against data centers and Flock cameras -... - September 4th, 2026 [September 4th, 2026]
- Can the county home to the NSA and US Cyber Command ban data centers? - The Baltimore Banner - September 4th, 2026 [September 4th, 2026]
- Family proud of her work for poor: DU students father after HC quashes NSA case - The Times of India - September 4th, 2026 [September 4th, 2026]
- Man who cut down Flock camera in St. Johns County claimed he was working with the NSA - Action News Jax - September 4th, 2026 [September 4th, 2026]
- Lucknow journalist Satyam Verma to move Allahabad high court after fellow NSA accused Aakriti gets relief - The Times of India - September 4th, 2026 [September 4th, 2026]
- NSA Board Dissolution: Olympic, Paralympic representation expected to remain on new board - 3News - September 4th, 2026 [September 4th, 2026]
- NSA Joins FBI in Issuing Warning about Chinese Hacking Group QTFY Cyber Activity - National Security Agency (.gov) - September 2nd, 2026 [September 2nd, 2026]
- NSA and FBI Warn Chinese Hackers Are Actively Targeting US Critical Infrastructure - LinkedIn - September 2nd, 2026 [September 2nd, 2026]
- UP firecracker blast toll climbs to 13; NSA invoked against accused - Daily Pioneer - September 2nd, 2026 [September 2nd, 2026]
- Man Accused of Impersonating Chief Justice Roberts, NSA Agent - Bloomberg Law News - August 25th, 2026 [August 25th, 2026]
- I Worked For The NSA For Years. Here's What Happened To My Life After Donald Trump And DOGE Showed Up Last Year. - HuffPost - August 25th, 2026 [August 25th, 2026]
- NSA isnt complying with federal laws on whistleblower protections, IG finds - Federal News Network - August 25th, 2026 [August 25th, 2026]
- NSA Doval says India-China ties 'returning to normalcy' as he holds key talks with Wang Yi on border issue - The New Indian Express - August 25th, 2026 [August 25th, 2026]
- 4 Ways Tim Kosiba and the NSA Are Countering the Chinese Intelligence Threat - GovCon Wire - August 25th, 2026 [August 25th, 2026]
- Man charged with forging Chief Justice John Robertss signature, impersonating NSA agent - Yahoo - August 25th, 2026 [August 25th, 2026]
- NSA Doval to visit China on Monday to attend Special Representatives talks with FM Wang - The Economic Times - August 25th, 2026 [August 25th, 2026]
- Audit Finds Lack of Oversight of NDAs at NSA - FEDweek - August 25th, 2026 [August 25th, 2026]
- Redefining India-China Relations: NSA Dovals Visit to Beijing May Provide the Breakthrough - Raksha Anirveda - August 25th, 2026 [August 25th, 2026]
- NSA, FBI warns of hackers using AI-generated tools in attacks on critical infrastructure technology - The Record from Recorded Future News - August 25th, 2026 [August 25th, 2026]
- NSA Doval meets Chinese Vice President Han Zheng ahead of border talks - The Tribune - August 25th, 2026 [August 25th, 2026]
- India-China ties normalised by peace on border, says NSA Doval at talks with Wang Yi - Firstpost - August 25th, 2026 [August 25th, 2026]
- NSA Ajit Doval holds 25th India-China border talks with Wang Yi - timesofindia.indiatimes.com - August 25th, 2026 [August 25th, 2026]
- NSA, CISA, FBI, DOE, and EPA Warn of Active AI-Assisted Attacks on Siemens S7 PLCs - Security Affairs - August 25th, 2026 [August 25th, 2026]
- NSA Ajit Doval arrives in Beijing, set for border talks with Chinas Wang Yi on August 25 - The Hindu - August 25th, 2026 [August 25th, 2026]
- NSA, FBI Warn of AI-Powered Attacks on Industrial Systems Targeting Siemens PLCs - finance.biggo.com - August 25th, 2026 [August 25th, 2026]
- NSA Ajit Doval holds talks with Chinese FM Wang Yi on boundary issue - News On AIR - August 25th, 2026 [August 25th, 2026]
- NSA Doval in Beijing for Talks with Chinese FM - Kashmir Observer - August 25th, 2026 [August 25th, 2026]
- NSA Ajit Doval to hold India-China boundary talks with Wang Yi in Beijing - The New Indian Express - August 25th, 2026 [August 25th, 2026]
- NSA Ajit Doval to hold border talks with Chinese Foreign Minister Wang on Tuesday - The Tribune - August 25th, 2026 [August 25th, 2026]
- Ayitey Powers Arrested Over Alleged Death Threat Against NSA Boss - Modern Ghana - August 25th, 2026 [August 25th, 2026]
- NSA Doval arrives in Beijing for talks with Chinese FM Wang Yi on boundary issue - ThePrint - August 25th, 2026 [August 25th, 2026]
- Police arrest former boxer Ayitey Powers over alleged death threat on NSA boss - Ghanaian Times - August 25th, 2026 [August 25th, 2026]
- NSA Ajit Doval in Beijing for boundary talks - Awaz The Voice - August 25th, 2026 [August 25th, 2026]
- ID Based on Anonymous Informant, Sudden Reference to 2009 Home Ministry Notification: Why NSA Case Against Satyam Verma Is Unconvincing - TheWire.in - August 16th, 2026 [August 16th, 2026]
- NSA Ajit Doval: India's Strength Infused with Tolerance Amid Military Actions - India News Network - August 16th, 2026 [August 16th, 2026]
- NSA Ajit Doval Reveals Operation Sindoor Strategy in New Discovery Docuseries - Daily Pioneer - August 16th, 2026 [August 16th, 2026]
- NSA Ajit Doval on Operation Sindoor: 'India can hit hard, irrespective of consequences' - wionews.com - August 16th, 2026 [August 16th, 2026]
- Indias generosity, tolerance should not be mistaken for weakness: NSA Ajit Doval on Op Sindoor - The Tribune - August 14th, 2026 [August 14th, 2026]
- 'Don't mistake India's generosity with weakness': NSA Ajit Doval on Operation Sindoor - The Times of India - August 14th, 2026 [August 14th, 2026]
- India's generosity, tolerance should not be mistaken for weakness: NSA Ajit Doval on Operation Sindoor - The Hindu - August 14th, 2026 [August 14th, 2026]
- Former NSA Chief Gen. Paul Nakasone: AI Is Changing the Cyber Battlefield - The Cipher Brief - August 14th, 2026 [August 14th, 2026]
- NSA Doval says Indias restraint should not be mistaken for weakness - Awaz The Voice - August 14th, 2026 [August 14th, 2026]
- NSA Ajit Doval says India can hit hard irrespective of consequences in first post-Sindoor interview - The Economic Times - August 14th, 2026 [August 14th, 2026]
- Man claiming to be undercover agent of NSA Ajit Doval arrested in Bihar - The Hindu - August 14th, 2026 [August 14th, 2026]
- Indias tolerance should not be mistaken for weakness; can take risks, hit hard: NSA Doval on Op Sindoor - The Kashmir Horizon - August 14th, 2026 [August 14th, 2026]
- Indias Tolerance Not a Sign of Weakness: NSA Ajit Doval on Operation Sindoor - The CSR Journal - August 14th, 2026 [August 14th, 2026]
- NSA Joins FBI and Others in Releasing Guidance to Defend Against Gunra Ransomware - National Security Agency (NSA) (.gov) - August 12th, 2026 [August 12th, 2026]
- Your router is probably vulnerable to the same attacks the NSA just warned about - MakeUseOf - August 12th, 2026 [August 12th, 2026]
- Trump has to accept hes going to lose Iran war: Former deputy NSA - MS NOW - August 12th, 2026 [August 12th, 2026]
- NSA installs DHS lawyer as new general counsel - The Record from Recorded Future News - August 12th, 2026 [August 12th, 2026]
- Manipur to invoke NSA against NH extortionists: Min - The Times of India - August 12th, 2026 [August 12th, 2026]
- Spymaster United States Joshua Rudd, US special forces officer nursing NSA back to health - Intelligence Online - July 7th, 2026 [July 7th, 2026]
- Capability, Not Compute: NSA Discretion in the Frontier AI EO - The Well News - July 7th, 2026 [July 7th, 2026]
- NSA partners with dog walking app to tackle livestock worrying - Agriland UK - July 1st, 2026 [July 1st, 2026]
- Youth Round Table Discussion: Youth round table discussion held at NSA - Myanmar International TV - July 1st, 2026 [July 1st, 2026]
- NSA welcomes Farming Roadmap 2050 and says farmers are ready to meet the challenge - Meat Management - July 1st, 2026 [July 1st, 2026]
- Crypto Executive Disputes Claims Anthropics Mythos Breached NSA Systems - Yahoo Tech - June 22nd, 2026 [June 22nd, 2026]
- Crypto Executive Disputes Claims Anthropics Mythos Breached NSA Systems - BeInCrypto - June 22nd, 2026 [June 22nd, 2026]
- Its more than Iran could have ever hoped for: Ex-US NSA John Bolton on US-Iran deal - Firstpost - June 22nd, 2026 [June 22nd, 2026]
- Manipur slaps NSA on youth already held under UAPA. Why HC quashed both cases, ordered his release - ThePrint - June 22nd, 2026 [June 22nd, 2026]
- Algorand Post-Quantum Security by 2027: 3 Years Ahead of NSA - The Cryptonomist - June 22nd, 2026 [June 22nd, 2026]
- China foreign minister set to attend Brics NSA meet in Delhi next week - The Times of India - June 22nd, 2026 [June 22nd, 2026]
- India to host BRICS NSA meet on June 2223: MEA - Awaz The Voice - June 22nd, 2026 [June 22nd, 2026]
- IDR Final Rule updates NSA dispute resolution | United States | Global law firm - Norton Rose Fulbright - June 16th, 2026 [June 16th, 2026]
- Where Is Edward Snowden Now? What to Know About the NSA Whistleblower's Life in Exile, 13 Years Later - People.com - June 16th, 2026 [June 16th, 2026]
- Former NSA official: 'Timing couldn't have been worse' for FISA 702 to expire - WBFF - June 16th, 2026 [June 16th, 2026]
- SHAREHOLDER ALERT: The M&A Class Action Firm Continues to Investigate the Merger--CZNL, NSA, CNBN, and ESQ - PR Newswire - June 16th, 2026 [June 16th, 2026]
- Training, teamwork, and quick action save a life at NSA Philadelphia - MilitaryNews.com - June 12th, 2026 [June 12th, 2026]
- NSA Insurance celebrates 100 years of selling a promise on the East End - The Suffolk Times - June 12th, 2026 [June 12th, 2026]
- Ex Pakistan NSA Moeed Yusuf says fixing ties with India key to economic revival, regional trade ambitions - ThePrint - June 12th, 2026 [June 12th, 2026]
- RSABI's Carol McLaren wins NSA Silver Salver for her work in the industry - The Scottish Farmer - June 12th, 2026 [June 12th, 2026]
- Anthropic's Mythos model is reportedly powering NSA offensive cyber ops against China and Iran - the-decoder.com - June 7th, 2026 [June 7th, 2026]
- NSA taps three officials for top cybersecurity positions - Nextgov/FCW - June 7th, 2026 [June 7th, 2026]
- Anthropic is blacklisted by the Pentagon and being used by the NSA at the same time - TechSpot - June 7th, 2026 [June 7th, 2026]
- NSA said to be readying Anthropics Mythos for use in cyber operations - TechCrunch - June 5th, 2026 [June 5th, 2026]
- Former NSA John Bolton to plead guilty to retaining classified info - MS NOW - June 5th, 2026 [June 5th, 2026]
- Trump executive order on AI gives central role to NSA - Breaking Defense - June 5th, 2026 [June 5th, 2026]
- Anthropic Is Helping the NSA Hack China. It Also Wants Everyone to Pause AI - Yahoo - June 5th, 2026 [June 5th, 2026]
- NSA using Claude Mythos for 'offensive cyber operations,' report claims says 'half-a-dozen' Anthropic engineers embedded inside the agency - Tom's... - June 5th, 2026 [June 5th, 2026]