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
- McConnell calls out Trump for hiring amateur isolationists at Pentagon, firing NSA director - The Hill - April 8th, 2025 [April 8th, 2025]
- Trumps firing of NSA chief is rolling out the red carpet for cyber attacks - Politico - April 8th, 2025 [April 8th, 2025]
- A conspiracy theorist convinced Trump to fire the NSA director - Vox - April 8th, 2025 [April 8th, 2025]
- William Hartman Named Acting NSA Director Following Dismissal of Top Officials - ExecutiveGov - April 8th, 2025 [April 8th, 2025]
- NSA and partners Issue Guidance on Fast Flux as a National Security Threat - National Security Agency (NSA) (.gov) - April 8th, 2025 [April 8th, 2025]
- Security News This Week: NSA Chief Ousted Amid Trump Loyalty Firing Spree - WIRED - April 8th, 2025 [April 8th, 2025]
- Head of NSA and US Cyber Command reportedly fired - Cybersecurity Dive - April 8th, 2025 [April 8th, 2025]
- Trump fires Gen. Timothy Haugh from leadership of Cyber Command and NSA - DefenseScoop - April 8th, 2025 [April 8th, 2025]
- Gen. Timothy Haugh, head of NSA and Cyber Command, is fired - CBS News - April 8th, 2025 [April 8th, 2025]
- Trump's mixed tariff messaging and NSA director and deputy fired: Morning Rundown - NBC News - April 8th, 2025 [April 8th, 2025]
- NSA Director and Deputy Reportedly Dismissed: What We Know - Newsweek - April 8th, 2025 [April 8th, 2025]
- Haugh fired from leadership of NSA, Cyber Command - The Record from Recorded Future News - April 8th, 2025 [April 8th, 2025]
- Trump administration fires head of NSA and U.S. Cyber Command, along with other top officials - CBS News - April 8th, 2025 [April 8th, 2025]
- US Cyber Command, NSA Chief Gen. Timothy Haugh ousted by Trump admin - Breaking Defense - April 8th, 2025 [April 8th, 2025]
- Face the Facts: Rep. Himes talks about firing of two top NSA officials - NBC Connecticut - April 8th, 2025 [April 8th, 2025]
- NSA Issues Advisory on Fast Flux Cyberthreat - ExecutiveGov - April 8th, 2025 [April 8th, 2025]
- Loomer, far-right activist, urged Trump to remove NSA director and others: Sources - ABC News - April 8th, 2025 [April 8th, 2025]
- The NSA Sounds Security Alarm For Billions Of iPhone And Android Phones - HotHardware - April 8th, 2025 [April 8th, 2025]
- NSA director fired after Trumps meeting with right-wing influencer Laura Loomer - The Verge - April 8th, 2025 [April 8th, 2025]
- Trump fires head of NSA and Cyber Command - Nextgov - April 8th, 2025 [April 8th, 2025]
- What are the national security concerns of Trump firing the NSA, Cyber Command head? - CBS News - April 8th, 2025 [April 8th, 2025]
- Who is Timothy Haugh? The NSA chief fired amid cyber security concerns - Times of India - April 8th, 2025 [April 8th, 2025]
- NSA, CISA, FBI, and International Partners Release Cybersecurity Advisory on Fast Flux, a National Security Threat - Hstoday - April 8th, 2025 [April 8th, 2025]
- Senator King Responds to Reported Firing of NSA Director General Timothy Haugh - WAGM - April 8th, 2025 [April 8th, 2025]
- NSA warned of vulnerabilities in Signal app a month before Houthi strike chat - CBS News - March 26th, 2025 [March 26th, 2025]
- Trump said poised to fire NSA Mike Waltz for including journalist in top secret war chat - The Times of Israel - March 26th, 2025 [March 26th, 2025]
- Not the last Waltz: Trump defends NSA after security breach - The Times of India - March 26th, 2025 [March 26th, 2025]
- NSA warned about vulnerabilities in Signal prior to White House group chat fiasco - SiliconANGLE News - March 26th, 2025 [March 26th, 2025]
- NSA warned the Signal app was vulnerable last month - WTIC - March 26th, 2025 [March 26th, 2025]
- Codebreakers and Covert Agents: The Women Behind the NSA and CIA heads to Illinois State Museum - WAND - March 26th, 2025 [March 26th, 2025]
- NSA warned about using Signal a month before leak of Houthi strike chat - CBS News - March 26th, 2025 [March 26th, 2025]
- 'Putin is giddy': NSA knew Signal was vulnerable to Russian hackers before security breach - AlterNet - March 26th, 2025 [March 26th, 2025]
- RAW: NSA MIKE WALTZ EXPECTED TO VISIT GREENLAND - Local 3 News - March 26th, 2025 [March 26th, 2025]
- US NSA likely to visit India in third week of April - Hindustan Times - March 26th, 2025 [March 26th, 2025]
- Statement from Secretary Rubio and NSA Waltz on Call with Zelenskyy - Department of State - March 22nd, 2025 [March 22nd, 2025]
- Europe must invest more in defence amid global shifts: Greeces NSA Ntokos - Firstpost - March 22nd, 2025 [March 22nd, 2025]
- NSA Bahrain, NAVCENT Hold First-of-its-Kind Exercise Vigilant Resolve - navy.mil - March 22nd, 2025 [March 22nd, 2025]
- Former NSA boss Osei Assibey Antwi picked up by NIB - GhanaWeb - March 22nd, 2025 [March 22nd, 2025]
- WHAT THE TECH? NSA recommending weekly smartphone restarts & how it improves performance - Local 3 News - March 9th, 2025 [March 9th, 2025]
- Ex-NSA cyber chief warns of devastating impact of potential DOGE-inspired firings - Breaking Defense - March 9th, 2025 [March 9th, 2025]
- Former top NSA cyber official: Probationary firings devastating to cyber, national security - CyberScoop - March 9th, 2025 [March 9th, 2025]
- Prime Targets Martha Plimpton On Her NSA Character & Why This Political Thriller Works: Never Trust People In Charge - Deadline - March 9th, 2025 [March 9th, 2025]
- Former NSA Dep. Director, Gifty Oware-Mensah will see NIB over 80k ghost names allegations - GhanaWeb - March 5th, 2025 [March 5th, 2025]
- Zelensky is not ready for peace talks, US NSA says - Mehr News Agency - English Version - March 3rd, 2025 [March 3rd, 2025]
- More Than 100 Intelligence Staffers Will Be Fired Over Sexually Explicit Texts In NSA Chatrooms, Gabbard Says - Forbes - March 1st, 2025 [March 1st, 2025]
- NSA says it is investigating potential misuse of chat platform - The Record from Recorded Future News - March 1st, 2025 [March 1st, 2025]
- 100-plus spies fired after NSA internal chat board used for kinky sex talk - The Register - March 1st, 2025 [March 1st, 2025]
- Tulsi Gabbard says more than 100 intelligence officers will be fired for sexually explicit NSA chat messages - CNN - March 1st, 2025 [March 1st, 2025]
- Elon Asked What Government Workers Did. The NSA Overshared - Schiff Sovereign - March 1st, 2025 [March 1st, 2025]
- Tulsi Gabbard Fires 100 Intelligence Officers for Sex Chats on NSA-Hosted Tool - The Daily Beast - March 1st, 2025 [March 1st, 2025]
- Elon Musk reacts to leaked chat alleging NSA, CIA officials discussed raising intersex babies as non-bina - The Times of India - March 1st, 2025 [March 1st, 2025]
- What NSA, DIA agents said about Libs of TikTok, Ben Shapiro in leaked messages - The Times of India - March 1st, 2025 [March 1st, 2025]
- NSA staff accused of lurid sex chats at work they were just discussing LGBTQ+ issues - PinkNews - March 1st, 2025 [March 1st, 2025]
- Sen. Tom Cotton reacts to lewd NSA chats: 'We don't want these people anywhere near classified information' - Fox News - March 1st, 2025 [March 1st, 2025]
- At least 100 NSA staffers to be fired for explicit chats during work hours - WDRB - March 1st, 2025 [March 1st, 2025]
- Gifty Oware-Mensah on the run as NIB investigates NSA scandal - GhanaWeb - February 25th, 2025 [February 25th, 2025]
- Former NSA, Cyber Command chief Paul Nakasone says U.S. falling behind its enemies in cyberspace - CyberScoop - February 25th, 2025 [February 25th, 2025]
- NSA emphasizes strong defensive posture as it responds to report it hacked China - Washington Times - February 25th, 2025 [February 25th, 2025]
- How the NSA Head of Accounts was undermined by his deputy for eight months after appointment - GhanaWeb - February 25th, 2025 [February 25th, 2025]
- What Is Proteus in Zero Day? How the NSA Weapon Changes Everything - Collider - February 25th, 2025 [February 25th, 2025]
- 'Zelenskyy will sign the minerals deal, no matter': US NSA Mike Waltz on Trump's Ukraine plan - The Economic Times - February 25th, 2025 [February 25th, 2025]
- EXCLUSIVE: Clearcover launches Illinois-based reciprocal exchange to jumpstart entry into NSA - Re-Insurance.com - February 12th, 2025 [February 12th, 2025]
- Chief of Naval Operations Visits NSA Crane, Purdue University [Image 18 of 25] - DVIDS - February 12th, 2025 [February 12th, 2025]
- Liminal Health Launches NSA ClearPath: Revolutionizing Reimbursement for Out-of-Network Providers - PR Newswire - February 12th, 2025 [February 12th, 2025]
- Elon Musks D.O.G.E is giving the CIA and NSA nightmares now - MSN - February 12th, 2025 [February 12th, 2025]
- NSA Ajit Doval likely to visit US along with PM Modi - The Economic Times - February 12th, 2025 [February 12th, 2025]
- The NSA says do these 5 things with your phone right now - Fox News - January 30th, 2025 [January 30th, 2025]
- NSA: Iraqi territory will not be used to attack neighboring countries Iraqi News Agency - ina.iq - January 30th, 2025 [January 30th, 2025]
- NDC is not here to witch-hunt - Opare Addo to NSA staff - GhanaWeb - January 30th, 2025 [January 30th, 2025]
- NSA Warns iPhone And Android UsersDisable Location Tracking - Forbes - January 19th, 2025 [January 19th, 2025]
- Trumps incoming NSA: Hamas must have no role in governing Gaza - JNS.org - January 19th, 2025 [January 19th, 2025]
- Trump NSA Disputes Report That Neocons Are Influencing MAGA Staffing - RealClearDefense - January 19th, 2025 [January 19th, 2025]
- US NSA lauds Ajit Doval for pivoting ties to advanced future tech - The Times of India - January 9th, 2025 [January 9th, 2025]
- Auto insurtech Clearcover expands into Texas NSA market with CGA launch - Re-Insurance.com - January 9th, 2025 [January 9th, 2025]
- "Cannot Think Of A Better Way To End My Tenure": US NSA On His India Visit - NDTV - January 9th, 2025 [January 9th, 2025]
- Heightened Security At U.S. Naval Academy And NSA Annapolis: Public Access Suspended Amid Increased Force Protection Measures - Bay Net - January 9th, 2025 [January 9th, 2025]
- From The Seabed To The Stars: 10 Takeaways From U.S. NSA Sullivans Visit - Strategic News Global - January 9th, 2025 [January 9th, 2025]
- NSA Sullivan to visit India to finalise important ongoing initiatives: White House - The Hindu - January 9th, 2025 [January 9th, 2025]
- What NSA Jake Sullivans India Visit Signals For Nuclear And Tech Ties As US Lifts Curbs On Indian Entities - Swarajya - January 9th, 2025 [January 9th, 2025]
- NSA Sullivan arrives today, seeks to strengthen AI, space, tech ties - The Tribune India - January 9th, 2025 [January 9th, 2025]