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 ...
- 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]
- Court rejects bid to halt trial of former NSA Deputy CEO - Ghanaian Times - April 29th, 2026 [April 29th, 2026]
- The NSA: SLs missing link on the geopolitical stage - The Morning - April 29th, 2026 [April 29th, 2026]
- Farmers seeking new pastures urged to try NSA's Graziers List - Craven Herald - April 29th, 2026 [April 29th, 2026]
- Punjab Police takes Amritpal on 2-day remand following expiry of NSA detention - ThePrint - April 29th, 2026 [April 29th, 2026]
- Report: NSA is currently using Anthropics unreleased Mythos model - Sherwood News - April 23rd, 2026 [April 23rd, 2026]
- FBI And NSA Warnings IgnoredNo Fix For Millions Of Phones - Forbes - April 23rd, 2026 [April 23rd, 2026]
- NSA Uses AI Mythos Even Though Anthropic is Blacklisted by the Pentagon - VOI.ID - April 23rd, 2026 [April 23rd, 2026]
- NSA Running Blacklisted Anthropic AI: Warning for UK Banks - Disruption Banking - April 23rd, 2026 [April 23rd, 2026]
- Amritpal Singh Taken into Punjab Police Custody After NSA Detention Ends in Dibrugarh - The Sentinel - of this Land, for its People - April 23rd, 2026 [April 23rd, 2026]
- Cybersecurity, Claude Mythos, is Anthropic's model in the hands of the Nsa? - Il Sole 24 ORE - April 23rd, 2026 [April 23rd, 2026]
- NSA Doval Meets Top Saudi Leaders, Focus On Security And Energy - The Times of India - April 23rd, 2026 [April 23rd, 2026]
- NSA: stereotyping, ethnic profiling can weaken intelligence gathering - The Nation Newspaper - April 7th, 2026 [April 7th, 2026]
- Former NSA John Bolton says Pentagon would have told President Trump about Iran closing the Strait of Hormuz beforehand - indica News - April 5th, 2026 [April 5th, 2026]
- Trump Thought This Would Be Easier: Former NSA John Bolton Exposes US Presidents Unprepared War Strategy - Republic World - April 5th, 2026 [April 5th, 2026]
- Dog owners urged to take responsibility as NSA ramps up sheep worrying campaign - Hexham Courant - April 5th, 2026 [April 5th, 2026]
- Dog owners urged to take responsibility as NSA ramps up sheep worrying campaign - The Scottish Farmer - April 5th, 2026 [April 5th, 2026]
- '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]