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 ...
- Filipinos aware of civilian supremacy over military NSA Ao - Philippine News Agency - October 28th, 2025 [October 28th, 2025]
- Sonam Wangchuk says his words were twisted to justify his NSA detention - The Statesman - October 26th, 2025 [October 26th, 2025]
- Nokia and stc pioneer the first commercial 5G NSA Cloud RAN deployment in the MEA region - ZAWYA - October 26th, 2025 [October 26th, 2025]
- China accuses NSA of multi-year hack targeting its national time systems - Nextgov/FCW - October 23rd, 2025 [October 23rd, 2025]
- Cybersecurity News: AWS outage, NSA hacking accusations, High risk WhatsApp automation - CISO Series - October 23rd, 2025 [October 23rd, 2025]
- Hackers Say They Have Personal Data of Thousands of NSA and Other Government Officials - Homeland Security Today - October 23rd, 2025 [October 23rd, 2025]
- AWS outage, NSA hacking accusations, High risk WhatsApp automation - LinkedIn - October 23rd, 2025 [October 23rd, 2025]
- Palestinian President Mahmoud Abbas: No Concessions Were Made In The Oslo Accords 1.85 Million Palestinians Returned To Their Homeland;... - October 23rd, 2025 [October 23rd, 2025]
- NSA to partner JKG to drive sports technology through Artificial Intelligence - GhanaWeb - October 23rd, 2025 [October 23rd, 2025]
- China claims NSA hacked its national timing systems using 42 "special cyber weapons" - TechSpot - October 23rd, 2025 [October 23rd, 2025]
- US NSA alleged to have launched a cyber attack on a Chinese agency - csoonline.com - October 21st, 2025 [October 21st, 2025]
- Hackers Say They Have Personal Data of Thousands of NSA and Other Government Officials - 404 Media - October 21st, 2025 [October 21st, 2025]
- China says it has foiled a series U.S. cyberattacks on its critical infrastructure Ministry of State Security says it has 'irrefutable evidence' NSA... - October 21st, 2025 [October 21st, 2025]
- China claims the NSA conducted cyberattacks on its national time center - Engadget - October 21st, 2025 [October 21st, 2025]
- China claims the US NSA conducted cyberattacks on its national time center - TechRadar - October 21st, 2025 [October 21st, 2025]
- Donald Trump's ex-NSA John Bolton indicted; charged over mishandling classified information; Trump calls - Times of India - October 19th, 2025 [October 19th, 2025]
- Trump critic and former NSA adviser John Bolton indicted on classified documents charges - MLive.com - October 19th, 2025 [October 19th, 2025]
- NSA Accused of Stealing Secrets from Chinas National Time Centre - Modern Diplomacy - October 19th, 2025 [October 19th, 2025]
- Ex-Donald Trump NSA John Bolton Indicted: All About The 18 Charges - NDTV - October 19th, 2025 [October 19th, 2025]
- Explained: What are the charges against ex-US NSA John Bolton? What next? - Firstpost - October 19th, 2025 [October 19th, 2025]
- Former Trump NSA John Bolton Indicted On 18 Counts For Sharing Classified Information - Republic World - October 19th, 2025 [October 19th, 2025]
- Ex-Trump NSA Bolton charged with storing, sharing classified information - Business Standard - October 17th, 2025 [October 17th, 2025]
- Lt. Gen. William Hartman, acting leader of NSA and Cyber Command, will not be nominated for the dual-hat role - POLITICO Pro - October 17th, 2025 [October 17th, 2025]
- Shaping health futures together: NSA engagement for EPW2 and Ageing is Living - World Health Organization (WHO) - October 17th, 2025 [October 17th, 2025]
- Trump's ex-NSA John Bolton indicted over sharing US defence secrets: Was his email hacked by Iran? - WION - October 17th, 2025 [October 17th, 2025]
- John Bolton Indicted: What are the Charges Against Trump's Former NSA? - Times Now - October 17th, 2025 [October 17th, 2025]
- China infrastructure hacks are 'unrestricted warfare' against America, former NSA director says - Washington Times - October 15th, 2025 [October 15th, 2025]
- Children were scared to sleep outside, many stopped going to schools: Why NSA was invoked against a rape accused in UPs Bhadohi - The Indian Express - October 15th, 2025 [October 15th, 2025]
- Chinas Capacity to Hack the U.S. Is Growing, Former NSA and Retired Gen. Tim Haugh Warns - Homeland Security Today - October 15th, 2025 [October 15th, 2025]
- Ousted NSA head Gen. Tim Haugh on his firing by the Trump administration - CBS News - October 13th, 2025 [October 13th, 2025]
- China's capacity to hack the U.S. is growing, former NSA head says. Here's what they're targeting and why. - CBS News - October 13th, 2025 [October 13th, 2025]
- China is hacking America's critical infrastructure, former NSA and retired Gen. Tim Haugh warns - CBS News - October 13th, 2025 [October 13th, 2025]
- John Bolton, Former US NSA And Trump Critic, May Face Federal Charges Soon: Report - News18 - October 13th, 2025 [October 13th, 2025]
- Acting US Cyber Command, NSA chief wont be nominated for the job, sources say - The Record from Recorded Future News - October 11th, 2025 [October 11th, 2025]
- Exclusive: DOJ seeking criminal charges against Trump's former NSA John Bolton - Yahoo - October 11th, 2025 [October 11th, 2025]
- NSA boss explains how revenue from Ghana-Mali game will be shared - GhanaWeb - October 11th, 2025 [October 11th, 2025]
- NSA rolls out digital skills, military training and smart reforms - GBC Ghana Online - October 9th, 2025 [October 9th, 2025]
- Overheated Solar Panel Batteries Caused Fire at NSA Chiefs Residence - liberianobserver.com - October 9th, 2025 [October 9th, 2025]
- NSA Doval meets Brazilian counterpart to review cooperation in strategic areas | Latest News India - Hindustan Times - October 4th, 2025 [October 4th, 2025]
- Red Hat allegedly hit by huge breach exposing major organizations, including the NSA - Cybernews - October 2nd, 2025 [October 2nd, 2025]
- NSA officer injured after Maryland man drives through checkpoint, rams multiple police vehicles - WMAR 2 News Baltimore - September 30th, 2025 [September 30th, 2025]
- Why should officials not be fined: HC on illegal NSA arrest - The Times of India - September 30th, 2025 [September 30th, 2025]
- SKM demands to release Sonam Wangchuk, revoke imposition of NSA - The Times of India - September 30th, 2025 [September 30th, 2025]
- Seoul's NSA reportedly says S.Korea unable to pay $350b upfront in investment in US for tariff deal; weaponizing alliance exposes nature of US... - September 30th, 2025 [September 30th, 2025]
- 'Delhi banega Khalistan': Freed Khalistani terrorist out on bail in Canada threatens India, targets NSA A - The Times of India - September 30th, 2025 [September 30th, 2025]
- Two Days After His Detention Under NSA, Sonam Wangchuks Wife Says She Is Yet to Speak to Him - The Wire India - September 30th, 2025 [September 30th, 2025]
- Sonam Wangchuk detained under NSA: What to know about National Security Act - The Indian Express - September 28th, 2025 [September 28th, 2025]
- Evercore ISI Raises PT on National Storage Affiliates Trust (NSA) to $32, Maintains an Underperform Rating - Yahoo Finance - September 28th, 2025 [September 28th, 2025]
- Sonam Wangchuk Arrested under NSA: Ladakh admin explains why he was moved to Jodhpur jail - Mint - September 28th, 2025 [September 28th, 2025]
- NSA whistleblower Reality Winner on rebuilding her life in new memoir - MSN - September 21st, 2025 [September 21st, 2025]
- Assessing the Valuation of National Storage Affiliates Trust (NSA) After Recent Share Price Moves - simplywall.st - September 19th, 2025 [September 19th, 2025]
- NSA Warns iPhone And Android UsersClose All Apps If You See This - Forbes - September 17th, 2025 [September 17th, 2025]
- US' Ex-NSA John Bolton: Trump Should Call Modi, Fix Relations, And Visit India For QUAD Summit' - Times of India - September 17th, 2025 [September 17th, 2025]
- 'Come To India': Ex-NSA's Words Of Wisdom To Trump On Tariff, Indo-US Ties - Times of India - September 17th, 2025 [September 17th, 2025]
- Video NSA whistleblower Reality Winner on rebuilding her life in new memoir - ABC News - September 17th, 2025 [September 17th, 2025]
- Former US NSA calls India proud and strong, criticises Trumps India strategy - The Shillong Times - September 17th, 2025 [September 17th, 2025]
- Video | Ex-US NSA's Explosive Interview: 'Navarro Keeps Picking Fights' - NDTV - September 15th, 2025 [September 15th, 2025]
- NSA, EFCC, DSS urged to probe alleged funding of bandits in Zamfara - The Guardian Nigeria News - September 15th, 2025 [September 15th, 2025]
- Ex-US NSA Reveals Navarro Once Attempted Confrontation Between Donald Trump, PM Modi - News18 - September 15th, 2025 [September 15th, 2025]
- Navarro tried to provoke Modi-Trump clash, claims ex-US NSA; says India should ignore the sideshow - Moneycontrol - September 15th, 2025 [September 15th, 2025]
- 'Erratic behaviour': Ex-US NSA John Bolton slams Trumps India tariffs; rejects claim of brokering India- - The Times of India - September 13th, 2025 [September 13th, 2025]
- Unqualified to be US Ambassador to India: Ex-US NSA slams Sergio Gor nomination; dismisses Navarros re - The Times of India - September 13th, 2025 [September 13th, 2025]
- Trump's not thinking about the effects of his actions: Ex-US NSA John Bolton - The Times of India - September 13th, 2025 [September 13th, 2025]
- NSA leaker Reality Winner is rebuilding her life -- and looking back at her past - NPR - September 13th, 2025 [September 13th, 2025]
- India should see Trump as one-time proposition: Ex-US NSA John Bolton flags number of concerns on Indian side - Mint - September 13th, 2025 [September 13th, 2025]
- Peter Navarro Tried To Start Fight Between Trump, PM Modi: Ex US NSA - NDTV - September 13th, 2025 [September 13th, 2025]
- 'Erratic behaviour': Ex-US NSA John Bolton slams Trumps India tariffs; rejects claim of brokering India-Pak peace - MSN - September 13th, 2025 [September 13th, 2025]
- India should see Trump as one-time proposition and act in its national interest: Ex-US NSA John Bolton - Tribune India - September 13th, 2025 [September 13th, 2025]
- Cyber Command, NSA to remain under single leader as officials shelve plan to end 'dual hat' - The Record from Recorded Future News - September 11th, 2025 [September 11th, 2025]
- Cyber Command, NSA to remain under the leadership of one person - SC Media - September 11th, 2025 [September 11th, 2025]
- CISA, NSA and Partners Release Shared Vision of Software Bill of Materials for Cybersecurity Guide - Homeland Security Today - September 11th, 2025 [September 11th, 2025]
- New Research Reveals How NSA is Affecting Providers, Consumers - MedLearn Publishing - September 11th, 2025 [September 11th, 2025]
- NSA, CISA and others urge for unified approach to strengthen cybersecurity resilience - Digital Watch Observatory - September 9th, 2025 [September 9th, 2025]
- Federal firefighter stationed at NSA Portsmouth saves passenger in cardiac arrest with life-saving CPR during flight - KREM - September 9th, 2025 [September 9th, 2025]
- NSA Director-General reassigned to Ministry of Finance - GhanaWeb - September 9th, 2025 [September 9th, 2025]
- Federal firefighter stationed at NSA Portsmouth saves passenger in cardiac arrest with life-saving CPR during flight - ABC10 - September 9th, 2025 [September 9th, 2025]
- Federal firefighter stationed at NSA Portsmouth saves passenger in cardiac arrest with life-saving CPR during flight - 12News - September 9th, 2025 [September 9th, 2025]
- Federal firefighter stationed at NSA Portsmouth saves passenger in cardiac arrest with life-saving CPR during flight - 13newsnow.com - September 6th, 2025 [September 6th, 2025]
- Trump expected to nominate Lt. Gen. William Hartman to lead NSA, Cyber Command - Politico - September 5th, 2025 [September 5th, 2025]
- Trumps personal rapport with PM Modi is gone, says former US NSA John Bolton; warns ties wont shield le - The Times of India - September 5th, 2025 [September 5th, 2025]