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 ...
- 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]
- NSA selects new leads for key cybersecurity posts - The Record from Recorded Future News - June 5th, 2026 [June 5th, 2026]
- NSA Joins CISA and Partners to Release Guidance on Hardening Automatic Tank Gauge Systems - National Security Agency (NSA) (.gov) - June 5th, 2026 [June 5th, 2026]
- FT: Anthropic staff helping the NSA use Mythos for offensive cyberattacks - Sherwood News - June 5th, 2026 [June 5th, 2026]
- Anthropic Is Helping the NSA Hack China. It Also Wants Everyone to Pause AI - Decrypt - June 5th, 2026 [June 5th, 2026]
- Anthropic Embeds Engineers at NSA to Deploy Mythos AI for Offensive Cyber Operations - MLQ.ai - June 5th, 2026 [June 5th, 2026]
- The NSA has all the equipment and technology needed to track bandits but lacks the political will to do so -Stephen alleges Watch full interview:... - June 5th, 2026 [June 5th, 2026]
- Anthropic aids NSA with Mythos to bolster offensive cyber operations - CHOSUNBIZ - Chosunbiz - June 5th, 2026 [June 5th, 2026]
- NSA warns that cybercriminals are targeting this one critical component that the energy, chemical, food, agriculture, and transportation sectors rely... - June 5th, 2026 [June 5th, 2026]
- Video | Ex-Trump NSA Adviser Pleads Guilty To Classified Info Leak | Zelenskyy Calls For Meet With Putin - NDTV - June 5th, 2026 [June 5th, 2026]
- Former Trump NSA John Bolton to plead guilty over retaining classified documents: Report - WION - June 5th, 2026 [June 5th, 2026]
- Anthropics Mythos being used by US NSA for cyber operations FT - Business Post - June 5th, 2026 [June 5th, 2026]
- This day, that year: From Robert F. Kennedys assassination to Edward Snowdens NSA revelations how June 5 shaped the world - The Times of India - June 5th, 2026 [June 5th, 2026]
- Strengthening the security architecture with NSA and HSA - The Guardian Nigeria News - June 5th, 2026 [June 5th, 2026]
- Ex-US NSA Bolton to plead guilty over mishandling classified documents: Report - ANI News - June 5th, 2026 [June 5th, 2026]
- The NSA, Mythos and the quiet emergence of AI cyber doctrine - csoonline.com - May 27th, 2026 [May 27th, 2026]
- NSA warning on AI automation protocol raises fresh testing concerns for banks - QA Financial - May 27th, 2026 [May 27th, 2026]
- Pentagon and NSA Form Joint AI Task Force to Deploy Frontier Hacking Models on Classified Networks - SOFX - May 27th, 2026 [May 27th, 2026]
- Marco Rubio meets NSA Doval, discusses defence, security and strategic tech cooperation including TRUST in - The Economic Times - May 27th, 2026 [May 27th, 2026]
- Two protesters detained under NSA to appear before advisory board in Lucknow today - The Times of India - May 27th, 2026 [May 27th, 2026]
- General Paul M. Nakasone Director National Security Agency and staff carry a wreath to the Memorial Wall. - National Security Agency (NSA) (.gov) - May 20th, 2026 [May 20th, 2026]
- NSA scandal: Court admits bank documents between Gifty Oware and ADB - Modern Ghana - May 20th, 2026 [May 20th, 2026]
- Wiretapping trial: NSA, ICPC boss acknowledge conversation cited by in El-Rufai TV Interview - Business News Nigeria - May 20th, 2026 [May 20th, 2026]
- NSA, ICPC El-Rufais Open Confession in Media Interview Witness Testifies - The Guardian Nigeria News - May 20th, 2026 [May 20th, 2026]
- NSA issues strong warning to sports bodies over governance compliance - GhanaWeb - May 20th, 2026 [May 20th, 2026]
- Witness: NSA confirmed wiretapped conversation referenced by el-Rufai was authentic - TheCable - May 20th, 2026 [May 20th, 2026]
- NSA wiretapping: El Rufai returned to DSS custody, awaits bail - Pointblank News - May 20th, 2026 [May 20th, 2026]
- Alleged Security Breach: NSA Confirmed Conversation Referenced By El-Rufai Was Authentic Witness - Channels Television - May 20th, 2026 [May 20th, 2026]
- El-Rufai: NSA, ICPC chair confirmed tapped conversation Witness - Punch Newspapers - May 20th, 2026 [May 20th, 2026]
- Imran Khan coup: 'US message to Pakistan was clear ...' says Tilak Devasher, frmr NSA board - The Economic Times - May 20th, 2026 [May 20th, 2026]
- NSA Lady Saints two wins from claiming seventh consecutive V... - The Suffolk News-Herald - May 16th, 2026 [May 16th, 2026]
- The imposition of NSA on Satyam Verma and Aakriti Chaudhary is a conspiracy to keep them in jail - Countercurrents - May 16th, 2026 [May 16th, 2026]
- 'No Sailor Lives Afloat' Initiative: NSA Naples Moves 54 Sailors from Shipboard Berthing to Shore - DVIDS - May 16th, 2026 [May 16th, 2026]
- Workers protest: Day after invoking NSA, police say 1 cr transactions found in banks accounts of one accused | Hindustan Times - Hindustan Times - May 16th, 2026 [May 16th, 2026]
- Press Club of India urges Uttar Pradesh govt. to withdraw NSA against journalist Satyam Verma - The Hindu - May 16th, 2026 [May 16th, 2026]
- Uttar Pradesh police invoke NSA against two accused held during workers protest in Noida - The Hindu - May 16th, 2026 [May 16th, 2026]
- Illegal Mining: FG Hands Over Foreign Terror Suspects To NSA - Channels Television - May 16th, 2026 [May 16th, 2026]
- Noida Violence: NSA invoked against Satyam Verma and Aakriti Choudhary over alleged role in labour protest - Organiser - May 16th, 2026 [May 16th, 2026]
- NSA invoked against two accused in Noida labour unrest case - Awaz The Voice - May 16th, 2026 [May 16th, 2026]
- NSA invoked against two in April 13 workers stir in Noida - The New Indian Express - May 16th, 2026 [May 16th, 2026]
- Homeland Security: Replace NSA Ribadu if you lack confidence in him ADC to Tinubu - Daily Post Nigeria - May 16th, 2026 [May 16th, 2026]
- NSA sweeps Cape Henry for TCIS baseball and softball titles - The Suffolk News-Herald - May 9th, 2026 [May 9th, 2026]
- News - NSA Naples Sailor Named Navy Military Fire Officer of the Year - DVIDS - May 9th, 2026 [May 9th, 2026]
- Bergen's solo homerun lifts NSA into the TCIS Final - The Suffolk News-Herald - May 9th, 2026 [May 9th, 2026]
- NSA members bring sheep farming into the classroom - Farmers Guardian - May 9th, 2026 [May 9th, 2026]
- Amritpals mother confronts Mann: His NSA over, why arent you bringing him to Punjab? - The Indian Express - May 9th, 2026 [May 9th, 2026]
- They Said They Were From NSA Ribadus Office, Seized My Husband In Abuja Hotel: Woman Cries Out Over Alleged Disappearance - Sahara Reporters - May 9th, 2026 [May 9th, 2026]
- NSA Ajit Doval, Vietnam President discuss strengthening strategic partnership - The Sentinel - of this Land, for its People - May 9th, 2026 [May 9th, 2026]
- Cyber Command, NSA chief warns foreign adversaries likely to target midterms - The Record from Recorded Future News - April 29th, 2026 [April 29th, 2026]
- CISA flags data-theft bug in NSA-built OT networking tool - theregister.com - April 29th, 2026 [April 29th, 2026]
- Decades-old pre-Stuxnet cyber sabotage tool breaks cover, NSA listed it as 'nothing to see here' fast16 targeted nuclear reactors, dam design, and... - April 29th, 2026 [April 29th, 2026]
- The NSA Just Warned Everyone to Reboot Their Routers What to Do Right Now - National Cybersecurity Alliance - April 29th, 2026 [April 29th, 2026]
- Former NSA Science Chief Warns Humanity May Be Missing Something 'Huge' About UFO Phenomena - International Business Times UK - April 29th, 2026 [April 29th, 2026]