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 ...
- 'Dhurandhar 2 sets a new benchmark, it's going to be very difficult for anyone to match up': Former deputy NSA of India | Bollywood - Hindustan Times - April 1st, 2026 [April 1st, 2026]
- Rethinking the NSA Office beyond security coordination - The Nation Newspaper - April 1st, 2026 [April 1st, 2026]
- The $15 Billion Post-Quantum Migration: NIST Standards Are Final, NSA Deadlines Are Set, and Enterprise Cybersecurity Is About to Be Rebuilt from the... - April 1st, 2026 [April 1st, 2026]
- NSA kicks off sheep worrying awareness week - Agriland.co.uk - April 1st, 2026 [April 1st, 2026]
- Regime change only way to tackle Iran threat, says former US NSA John Bolton - CNBC TV18 - March 30th, 2026 [March 30th, 2026]
- The command centre: Why Nigerias NSA must evolve beyond coordination - guardian.ng - March 30th, 2026 [March 30th, 2026]
- Former NSA chiefs worry American offensive edge in cybersecurity is slipping - CyberScoop - March 28th, 2026 [March 28th, 2026]
- NSA and ASDs ACSC Release Joint Guidance on LEO SATCOM System Risks and Mitigations - National Security Agency (.gov) - March 28th, 2026 [March 28th, 2026]
- New NSA director pushes for more intel-sharing with allies in internal meeting - Nextgov/FCW - March 28th, 2026 [March 28th, 2026]
- "Trump Is Transactional, Doesn't Think Strategically": Former US NSA - NDTV - March 28th, 2026 [March 28th, 2026]
- Former NSA John Bolton urges Trump to cut Irans oil revenue after PM Modi call - The Indian EYE - March 28th, 2026 [March 28th, 2026]
- $HAREHOLDER ALERT: The M&A Class Action Firm Is Investigating The MergerULY, NSA, CTRA, and FONR - WBOC TV - March 28th, 2026 [March 28th, 2026]
- Rethinking the command centre: Why Nigerias NSA must evolve beyond coordination - The Sun Nigeria - March 28th, 2026 [March 28th, 2026]
- Constitutional freedoms cannot be exercised at the cost of human lives: Allahabad HC upholds preventive detention order under NSA - SCC Online - March 28th, 2026 [March 28th, 2026]
- Next Generation Shepherd of the Year Competition opens for NSA Scotsheep 2026 - The Scottish Farmer - March 28th, 2026 [March 28th, 2026]
- NSA (NSA) explains vesting, prorated FY2026 bonus and severance in merger with Public Storage - Stock Titan - March 20th, 2026 [March 20th, 2026]
- Sergio Gor meets NSA Ajit Doval discussing geopolitical issues - The Indian EYE - March 20th, 2026 [March 20th, 2026]
- National Storage Investor Alert: Kahn Swick & Foti, LLC Investigates Adequacy of Price and Process in Proposed Sale of National Storage Affiliates... - March 20th, 2026 [March 20th, 2026]
- Public Storage to Buy NSA: Is This a Smart Growth Move for Investors? - TradingView - March 20th, 2026 [March 20th, 2026]
- Was Russia an IMMINENT THREAT to US?: Rep Scott Perry grills NSA official on Ukraine war - The Economic Times - March 20th, 2026 [March 20th, 2026]
- NSA invoked against prime accused Aslam in banned meat supply case - thehitavada.com - March 20th, 2026 [March 20th, 2026]
- Watch | Indian Foreign Policy Confused; Were Not as Influential as We Used to Be: Former NSA - TheWire.in - March 20th, 2026 [March 20th, 2026]
- Russia Or Iran? Trumps NSA Cornered in Senate Over Military Action in Iran As War Enters 4th Week - Oneindia - March 20th, 2026 [March 20th, 2026]
- Need to Evolve The Office of the NSA Beyond Coordination to National Defence Strategy Nerve Centre - THISDAYLIVE - March 20th, 2026 [March 20th, 2026]
- Halper Sadeh LLC is Investigating Whether UNF, NSA, ULY, MPX are Obtaining Fair Deals for their ... - Bluefield Daily Telegraph - March 20th, 2026 [March 20th, 2026]
- Organized and technological: ICE resistance groups posing growing danger, warns former top NSA, DHS official - Fox News - March 18th, 2026 [March 18th, 2026]
- Declassified Report Reveals NSA Broke Surveillance Rules - Project On Government Oversight - March 18th, 2026 [March 18th, 2026]
- Gen. Joshua Rudd '93 confirmed as leader of U.S. Cyber Command, NSA; elevated to rank of general - Furman University - March 18th, 2026 [March 18th, 2026]
- Public Storage to Buy NSA: Is This a Smart Growth Move for Investors? - Zacks Investment Research - March 18th, 2026 [March 18th, 2026]
- National Storage (NSA) Climbs to Record High on $10.5-Billion Acquisition - Yahoo Finance - March 18th, 2026 [March 18th, 2026]
- Organized and technological: ICE resistance groups posing growing danger, warns former top NSA, DHS official - WFIN - March 18th, 2026 [March 18th, 2026]
- SHAREHOLDER ALERT: The M&A Class Action Firm Announces An Investigation of National Storage Affiliates Trust (NYSE: NSA) - PR Newswire - March 18th, 2026 [March 18th, 2026]
- National Storage Affiliates Trust (NYSE:NSA) Rating Increased to Neutral at BNP Paribas Exane - MarketBeat - March 18th, 2026 [March 18th, 2026]
- Is National Storage Affiliates Trust (NSA) Share Price Misaligned With Its DCF Estimate Today - Yahoo Finance - March 9th, 2026 [March 9th, 2026]
- Interview with 2026 AFI NSA Naples Spouse of the Year, Dannielle Niewald - Stripes Europe - March 9th, 2026 [March 9th, 2026]
- Iranian drones strike apartments in city thats home to NSA Bahrain - Stars and Stripes - March 7th, 2026 [March 7th, 2026]
- "At this point, US win is going to be pretty elusive," says former US Principal Dy NSA Jon Finer on Iran... - lokmattimes.com - March 7th, 2026 [March 7th, 2026]
- "Over next 5-10 years, you are likely to see emergence of new nuclear powers": Former US NSA official Jon... - lokmattimes.com - March 7th, 2026 [March 7th, 2026]
- China tends to pursue strategy of staying on good terms with everyone: Former US NSA official Finer - ANI News - March 7th, 2026 [March 7th, 2026]
- NSA (NSA) Executive Chair Fischer reports new OP unit awards and LTIP conversions - Stock Titan - March 4th, 2026 [March 4th, 2026]
- Cyber retaliation from Iran is a problem for U.S. companies 'It's in the hands of a 19-year-old hacker in a Telegram room,' ex-NSA operative says -... - March 4th, 2026 [March 4th, 2026]
- Ajit Doval Indias Most Useless NSA Ever Says Netizens: Zero Intel on Uri, Pulwama, Galwan, Iran War & More - indiaherald.com - March 4th, 2026 [March 4th, 2026]
- Sheep Village Cynefin to be launched by RWAS and NSA at the Royal Welsh Show - Shropshire Star - March 4th, 2026 [March 4th, 2026]
- Wyden blocks nominee to lead NSA and Cyber Command - Federal News Network - February 27th, 2026 [February 27th, 2026]
- Wyden blocks Rudd confirmation to lead Cyber Command, NSA - The Record from Recorded Future News - February 27th, 2026 [February 27th, 2026]
- NSA said to have seen security concerns in Grok - breakingthenews.net - February 27th, 2026 [February 27th, 2026]
- NSA: Solid Q4 Beat and Favorable 2026 Outlook, But Cost Pressures and High Expectations Justify Hold Rating - TipRanks - February 27th, 2026 [February 27th, 2026]
- Videotron and Samsung Expand Partnership Through 5G NSA and 4G LTE Core Gateway Deployment - samsung.com - February 24th, 2026 [February 24th, 2026]
- Videotron Taps Samsung for Cloud-Native 5G NSA and LTE Core Gateway Solution - The Fast Mode - February 24th, 2026 [February 24th, 2026]
- El-Rufai Demanded to Provide Evidence in NSA Hacking Claims - streamlinefeed.co.ke - February 24th, 2026 [February 24th, 2026]
- DSS to arraign El-Rufai on Feb. 25 over alleged NSA phone interception - Businessday NG - February 24th, 2026 [February 24th, 2026]
- Securus Technologies Supports Expansion of Sheriff-Led NSA I.G.N.I.T.E. Initiative to Improve Jail Safety and Reentry Outcomes - PR Newswire - February 7th, 2026 [February 7th, 2026]
- NSA set to deal with defiant parties, politicians, supporters on integrity of democratic process - ThePointNG - February 7th, 2026 [February 7th, 2026]
- Where NSA zero trust guidance aligns with enterprise reality - Help Net Security - February 4th, 2026 [February 4th, 2026]
- UNG third in Division 1 of NSA cyber event - University of North Georgia - February 4th, 2026 [February 4th, 2026]
- Green Beret Lieutenant General Joshua Rudd Tapped To Lead NSA and US Cyber Command - SOFREP - February 4th, 2026 [February 4th, 2026]
- SC Flags Health Concerns, Urges Rethink on Sonam Wangchuks NSA Detention - The Morning Voice - February 4th, 2026 [February 4th, 2026]
- What security teams need to know about the NSA's new zero trust guidelines - IT Pro - February 4th, 2026 [February 4th, 2026]
- 'India won't be bullied': NSA Ajit Doval told Marco Rubio that New Delhi would wait out Trump term for trade deal: Report - theweek.in - February 4th, 2026 [February 4th, 2026]
- When Protest becomes a Threat: Inside the Supreme Court hearing on Sonam Wangchuks NSA detention - SabrangIndia - February 4th, 2026 [February 4th, 2026]
- If NSA Commits Database Query Violations, But Nobody Audits Them, Do They Really Happen? - emptywheel - February 4th, 2026 [February 4th, 2026]
- Army general tapped to lead NSA vows to follow the law if confirmed - Military Times - February 1st, 2026 [February 1st, 2026]
- Overturned tractor-trailer shuts portion of Route 32 near NSA - WBAL-TV - February 1st, 2026 [February 1st, 2026]
- Nominee to lead NSA backs controversial spying law - Defense One - February 1st, 2026 [February 1st, 2026]
- NSA pick champions foreign spying law as nomination advances - The Record from Recorded Future News - February 1st, 2026 [February 1st, 2026]
- NSA Releases Phase One and Phase Two of the Zero Trust Implementation Guidelines - National Security Agency (.gov) - February 1st, 2026 [February 1st, 2026]
- Army General Tapped to Lead NSA Said He Doesnt Know Much About the Biggest NSA Controversy - The Intercept - February 1st, 2026 [February 1st, 2026]
- Trump's pick to lead the NSA vows to follow the law if confirmed - ABC News - February 1st, 2026 [February 1st, 2026]
- Trump's pick to lead the NSA vows to follow the law if confirmed - Oskaloosa Herald - February 1st, 2026 [February 1st, 2026]
- Trump's pick to lead the NSA vows to follow the law if confirmed - The Derrick - February 1st, 2026 [February 1st, 2026]
- Overturned tractor-trailer shuts westbound Maryland Route 32 near NSA exit, police say - WBAL News Radio - February 1st, 2026 [February 1st, 2026]
- SC to hear plea against Sonam Wangchuks NSA detention on February 2 - The New Indian Express - February 1st, 2026 [February 1st, 2026]
- Powys sheep sector to hear from Llyr Gruffydd at NSA meeting - County Times - February 1st, 2026 [February 1st, 2026]
- NSA calls for consultation on castration and tail docking to involve sheep farmers - cravenherald.co.uk - January 24th, 2026 [January 24th, 2026]
- NSA launches 13th annual survey for insight into cases of sheep worrying by dogs - Yahoo News UK - January 24th, 2026 [January 24th, 2026]
- NSA Ajit Doval says he doesn't use phone or internet. Here's why - MSN - January 14th, 2026 [January 14th, 2026]
- NSA Ajit Doval says he doesnt use phone or internet; shares views on Indias future and youth - WION - January 11th, 2026 [January 11th, 2026]
- Liberia: NSA Director's Special Assistant Suspended Amid Alleged Gang Sodomy of 15-Year-Old; Authorities Remain Silent - FrontPageAfrica - January 11th, 2026 [January 11th, 2026]
- 'Wars happen because some countries want to impose their will on others': NSA Ajit Doval - Deccan Herald - January 11th, 2026 [January 11th, 2026]
- We have to avenge our history: NSA Ajit Doval urges youth to make India great in every aspect - The Indian Express - January 11th, 2026 [January 11th, 2026]