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 ...
- 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]
- CISA, NSA, and Canadian Cyber Centre update Brickstorm analysis with new Rust-based variants - Industrial Cyber - January 11th, 2026 [January 11th, 2026]
- ROVER communication terminals approved for international use by NSA - Military Embedded Systems - January 9th, 2026 [January 9th, 2026]
- L3Harris ROVER and TNR systems gain NSA approval enabling secure coalition interoperability - Defence Industry Europe - January 9th, 2026 [January 9th, 2026]
- Former NSA insider Kosiba brought back as spy agencys No. 2 - The Record from Recorded Future News - January 9th, 2026 [January 9th, 2026]
- Trumps tariff threat to India self-inflicted wound: Former US NSA John Bolton - The Indian EYE - January 9th, 2026 [January 9th, 2026]
- NSA Scotland demands support for sheep farmers ahead of Holyrood elections - Farmers Guardian - January 9th, 2026 [January 9th, 2026]
- Announcing tariffs for purchasing Russian oil unfortunate: Former US NSA backs closer relationship with India - Punjab News Express - January 9th, 2026 [January 9th, 2026]
- NSA Ajit Doval likely to be part of Indian delegation at WEF in Davos - The New Indian Express - January 9th, 2026 [January 9th, 2026]
- "A lot of hot air": Former NSA John Bolton on Trump's remarks on possible action beyond Venezuela - ANI News - January 9th, 2026 [January 9th, 2026]
- NSA employee sues Trump administration over order on transgender rights and two 'immutable' genders - Yahoo - December 22nd, 2025 [December 22nd, 2025]
- NSA employee sues the Trump administration over transgender rights and 'immutable' genders - AP News - December 22nd, 2025 [December 22nd, 2025]
- Senior official at Indo-Pacific Command is set to be Trumps pick to lead Cyber Command, NSA - The Record from Recorded Future News - December 22nd, 2025 [December 22nd, 2025]
- NSA employee sues the Trump administration over transgender rights and 'immutable' genders - Temple Daily Telegram - December 22nd, 2025 [December 22nd, 2025]
- Potential NSA, Cyber Command leader nomination transmitted to Senate - Nextgov/FCW - December 22nd, 2025 [December 22nd, 2025]
- After Eight Months, White House Names Nominee To Head NSA And CYBERCOM - Defense Daily - December 22nd, 2025 [December 22nd, 2025]
- Fubara Hosts NSA, Says Tinubu Happy With Rivers Governor - TVC News - December 22nd, 2025 [December 22nd, 2025]
- CISA, NSA warn of Chinas BRICKSTORM malware after incident response efforts - The Record from Recorded Future News - December 10th, 2025 [December 10th, 2025]
- CISA and NSA Warn of BRICKSTORM Malware Attacking VMware ESXi and Windows Environments - CybersecurityNews - December 10th, 2025 [December 10th, 2025]
- NSA, CISA, and Others Release Guidance on Integrating AI in Operational Technology - National Security Agency (.gov) - December 4th, 2025 [December 4th, 2025]
- NSA has met 2,000-person workforce reduction goal, people familiar say - Nextgov/FCW - December 4th, 2025 [December 4th, 2025]
- NSA Doval, Thai Foreign Minister Phuangketkeow discuss maritime security, threats of online scams - The Indian EYE - December 4th, 2025 [December 4th, 2025]
- NSA Doval, Thai FM discuss maritime security, threats of online scams - Awaz The Voice - December 4th, 2025 [December 4th, 2025]
- All-clear issued about 2 hours after NSA Naples schools evacuated over potential threat - Stars and Stripes - November 18th, 2025 [November 18th, 2025]
- 'Dhurandhar': R Madhavan reveals Aditya Dhar's little trick that perfected his NSA-inspired look for the - The Times of India - November 18th, 2025 [November 18th, 2025]
- Army officer with Indo-Pacific experience emerges as potential Cyber Command, NSA pick - The Record from Recorded Future News - November 18th, 2025 [November 18th, 2025]
- NSA Dr Rahman to attend Security Conclave in New Delhi - United News of Bangladesh - November 18th, 2025 [November 18th, 2025]
- Man claims NSA told him to shatter glass at AT&T building with hatchet, Nashville police say - WSMV - November 18th, 2025 [November 18th, 2025]
- How the heartbreaking lack of a confirmed leader is impacting CYBERCOM and NSA - Breaking Defense - November 7th, 2025 [November 7th, 2025]
- Goa invokes NSA for three months to tackle anti-socials - The Times of India - November 7th, 2025 [November 7th, 2025]
- CISA, NSA and other unveil security blueprint to harden Microsoft Exchange servers - Homeland Preparedness News - November 7th, 2025 [November 7th, 2025]
- NSA Shares Q3 Revenue Results Below Expectations - GuruFocus - November 7th, 2025 [November 7th, 2025]
- 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]