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 ...
- NSA and CISA urge shift to languages improving memory safety - Developer Tech News - July 2nd, 2025 [July 2nd, 2025]
- Credit Rating For The Unrated REITs (Part 5): National Storage Affiliates Trust (NYSE:NSA) - Seeking Alpha - July 2nd, 2025 [July 2nd, 2025]
- NSA, CISA Release CSI Urging Adoption of Memory Safe Languages for Enhanced Software Security - ExecutiveGov - June 28th, 2025 [June 28th, 2025]
- Brandonville native named Sailor of the Year at NSA Mechanicsburg - The Shenandoah Sentinel - June 28th, 2025 [June 28th, 2025]
- NSA and CISA Release CSI Highlighting Importance of Memory Safe Languages in Software Security - National Security Agency (NSA) (.gov) - June 28th, 2025 [June 28th, 2025]
- NSA Doval Emphasizes Anti-Terror Cooperation During High-Level Beijing Talks With Chinese Foreign Minister - The Hans India - June 24th, 2025 [June 24th, 2025]
- NSA Doval and Chinese Foreign Minister discuss future meet on boundary issue - Tribune India - June 24th, 2025 [June 24th, 2025]
- NSA Ajit Doval to deliver strong message on terrorism on his upcoming China visit - Moneycontrol - June 22nd, 2025 [June 22nd, 2025]
- Bangladesh NSA In Washington, Talking To Trump Officials. More Regional Shifts? - IndiaWest - June 22nd, 2025 [June 22nd, 2025]
- Naval Academy, NSA Annapolis closed Monday for mysterious world events. Both reopened Tuesday. - Baltimore Sun - June 22nd, 2025 [June 22nd, 2025]
- Pakistan is useful to the world: Former NSA Shivshankar Menon explains why countries still support Islam - The Economic Times - June 22nd, 2025 [June 22nd, 2025]
- Midland University Receives Grant from NSA - Midland University - June 20th, 2025 [June 20th, 2025]
- NSA Approves Wave Relay Devices for Securing Classified Information - AFCEA International - June 7th, 2025 [June 7th, 2025]
- NSA Validates Wave Relay devices to Protect Classified Information - PR Newswire - June 5th, 2025 [June 5th, 2025]
- Cyberattacks Surge in 2025: Data Analysts Urged to Bolster Privacy with PETs and NSA-CISA AI Security Guidelines - WebProNews - June 1st, 2025 [June 1st, 2025]
- India is ready and has capability to fight terrorism on its own: Former Dy NSA Pankaj Saran in London - The Economic Times - June 1st, 2025 [June 1st, 2025]
- NSA Teams With Int'l Cyber Agencies to Craft Guidance for Implementing SIEM, SOAR Platforms - ExecutiveGov - May 28th, 2025 [May 28th, 2025]
- NSA, ASDs ACSC, and other agencies publish three Cybersecurity Information Sheets with gu - National Security Agency (.gov) - May 28th, 2025 [May 28th, 2025]
- Punjab MP and NSA detainee Amritpal Singhs jailed aides look to speed up trials in other FIRs, file plea - Times of India - May 28th, 2025 [May 28th, 2025]
- NSA Ajit Doval down with flu, calls off visit to Russia - Hindustan Times - May 28th, 2025 [May 28th, 2025]
- Former NSA Director and SandboxAQ CEO on Quantitative AI and its inevitable integration - MSN - May 28th, 2025 [May 28th, 2025]
- NSA Ajit Doval speaks with Chinese FM Wang Yi amid rising India-Pak tension 'War not India's choice' - The Economic Times - May 11th, 2025 [May 11th, 2025]
- 'War was not India's choice and was not in the interests of any party': NSA Ajit Doval speaks to China's - Times of India - May 11th, 2025 [May 11th, 2025]
- NSA to cut up to 2,000 civilian roles - The Hill - May 10th, 2025 [May 10th, 2025]
- NSA Ajit Doval speaks with US Secretary of State 'shortly after' Indian strikes on Pak - Deccan Herald - May 10th, 2025 [May 10th, 2025]
- NSA to cut up to 2,000 civilian roles as part of intel community downsizing - The Record from Recorded Future News - May 10th, 2025 [May 10th, 2025]
- Operation Sindoor: NSA Doval engages with counterparts from US, UK, China, and Russia - Social News XYZ - May 10th, 2025 [May 10th, 2025]
- CIA, NSA to face major layoffs as Trump pushes intelligence reform - Times of India - May 5th, 2025 [May 5th, 2025]
- Dont see a major war with India, but have to be ready: Pakistan ex-NSA - Al Jazeera - May 5th, 2025 [May 5th, 2025]
- Donald Trump set to axe thousands of jobs at CIA, NSA and other agencies - Daily Mail - May 5th, 2025 [May 5th, 2025]
- 757Teamz softball Top 15: NSA moves up as Hickory perseveres to remain No. 1 - The Virginian-Pilot - May 5th, 2025 [May 5th, 2025]
- NSA head Mike Waltz and his deputy Alex Wong to exit Trump admin amid Signal chat fiasco - The Economic Times - May 5th, 2025 [May 5th, 2025]
- Trump speaks out on NSA shakeup, addresses third term talk - Fox News - May 5th, 2025 [May 5th, 2025]
- Mike Waltz, Alex Wong to resign: Here's who may replace NSA head and deputy - Hindustan Times - May 5th, 2025 [May 5th, 2025]
- A Lot of People Want the Job: Trump Says Hell Choose Waltzs NSA Replacement in Next 6 Months - The Daily Signal - May 5th, 2025 [May 5th, 2025]
- Will Steve Witkoff replace Mike Waltz as Donald Trump's new NSA? - Times of India - May 5th, 2025 [May 5th, 2025]
- Beavercreek native recognized for NSA Codebreaker achievement - Fairborn Daily Herald - May 5th, 2025 [May 5th, 2025]
- Marco Rubio to serve as acting NSA; Mike Waltz removed by President Trump - FOX 35 Orlando - May 5th, 2025 [May 5th, 2025]
- Trump says he will name new NSA within 6 months - LiveNOW from FOX - May 5th, 2025 [May 5th, 2025]
- Mike Waltz out as NSA, Rubio to serve in the interim - LiveNOW from FOX - May 5th, 2025 [May 5th, 2025]
- Mike Waltz Leaves White House for UN Witkoff Tipped as Trumps Next NSA - Hungarian Conservative - May 5th, 2025 [May 5th, 2025]
- 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]