NSA Surveillance | American Civil Liberties Union
The National Security Agencys mass surveillance has greatly expanded in the years since September 11, 2001. Disclosures have shown that, until recently, the government regularly tracked the calls of hundreds of millions of Americans. Today, it continues to spy on a vast but unknown number of Americans international calls, text messages, web-browsing activities, and emails.
The governments surveillance programs have infiltrated most of the communications technologies we have come to rely on. They are largely enabled by a problematic law passed by Congress the FISA Amendments Act (FAA), which is set to expire this year along with Executive Order 12,333, the primary authority invoked by the NSA to conduct surveillance outside of the United States. The Patriot Act has also made it easier for the government to spy on Americans right here at home over the past 15 years. Although the Foreign Intelligence Surveillance Court oversees some of the governments surveillance activities, it operates in near-total secrecy through one-sided procedures that heavily favor the government.
Our Constitution and democratic system demand that government be transparent and accountable to the people, not the other way around. History has shown that powerful, secret surveillance tools will almost certainly be abused for political ends.
The ACLU has been at the forefront of the struggle to rein in the surveillance superstructure, which strikes at the core of our rights to privacy, free speech, and association.
The FISA Amendments Act of 2008 (FAA) gives the NSA almost unchecked power to monitor Americans international phone calls, text messages, and emails under the guise of targeting foreigners abroad. The ACLU has long warned that one provision of the statute, Section 702, would be used to eavesdrop on Americans private communications. In June 2013, The Guardian published documents provided by whistleblower Edward Snowden confirming the massive scale of this international dragnet. Recent disclosures also show that an unknown number of purely domestic communications are monitored, that the rules that supposedly protect Americans' privacy are weak and riddled with exceptions, and that virtually every email that goes into or out of the United States is scanned for suspicious keywords.
In 2008, less than an hour after President Bush signed the FAA into law, the ACLU filed a lawsuit challenging its constitutionality. The case, Amnesty v. Clapper, was filed on behalf of a broad coalition of attorneys and organizations whose work requires them to engage in sensitive and sometimes privileged telephone and email communications with individuals located abroad. But in a 54 ruling handed down in February 2013, the Supreme Court held that the ACLU plaintiffs did not have standing to sue because they could not prove their communications had actually been surveilled under the law.
In March 2015, the ACLU filed Wikimedia Foundation v. NSA, a lawsuit challenging Upstream surveillance under the FAA. Through Upstream surveillance, the U.S. government copies and searches the contents of almost all international and many domestic text-based internet communications. The suit was brought on behalf of nine educational, legal, human rights, and media organizations, including the Wikimedia Foundation, operator of one of the most-visited websites on the internet. Collectively, the plaintiffs engage in more than a trillion sensitive internet communications every year, and each has been profoundly harmed by NSA surveillance.
Executive Order 12,333, signed by President Reagan in 1981 and modified many times since, is the authority primarily relied upon by the intelligence agencies to gather foreign intelligence outside of the United States. Recent disclosures indicate that the U.S. government operates a host of large-scale programs under EO 12333, many of which appear to involve the collection of vast quantities of Americans information. These programs have included, for example, the NSAs collection of billions of cellphone location records each day; its recording of every single cellphone call into, out of, and within at least two countries; and its surreptitious interception of data from Google and Yahoo user accounts as that information travels between those companies data centers located abroad.
In December 2013, the ACLU, along with the Media Freedom Information Access Clinic at Yale Law School, filed a Freedom of Information Act lawsuit demanding that the government release information about its use of EO 12,333 to conduct surveillance of Americans communications.
For many years, the government claimed sweeping authority under the Patriot Act to collect a record of every single phone call made by every single American "on an ongoing daily basis." This program not only exceeded the authority given to the government by Congress, but it violated the right of privacy protected by the Fourth Amendment, and the rights of free speech and association protected by the First Amendment. For this reason, the ACLU challenged the government's collection of our phone records under Section 215 of the Patriot Act just days after the program was revealed in June 2013 by The Guardian. In May 2015, a court of appeals found that the phone records program violated Section 215, and Congress allowed the provision to expire in June of that year. The program was reformed by the USA Freedom Act, which passed days later.
To bring greater transparency to the NSA's surveillance under the Patriot Act, the ACLU filed two motions with the secretive FISC asking it to release to the public its opinions authorizing the bulk collection of Americans' data by the NSA.
Our earlier work to reform the Patriot Act includes a number of successful challenges to the government's use of and secrecy surrounding National Security Letters.
The ACLU has long fought to bring greater transparency and public access to the FISC the secretive court that oversees the governments surveillance programs. When the FISC was first established in 1978, it primarily assessed individual surveillance applications to determine whether there was probable cause to believe a specific surveillance target was an agent of a foreign power. In recent years, however, the FISCs responsibilities have changed dramatically, and the FISC today oversees sweeping surveillance programs and assesses their constitutionality all without any public participation or review.
The ACLU has been advocating and petitioning for access to the FISC for more than a decade, working with Congress and the executive branch, and appearing before the court itself to push for greater transparency. Days after the courts Section 215 order was published in the press in June 2013, we filed a motion seeking access to the secret judicial opinions underlying the NSA's mass call tracking program. We have since filed two other access motions in the FISC, seeking significant legal opinions authorizing bulk collection and those interpreting the governments secret surveillance powers in the years after 9/11. We also signed a brief filed in the FISC in support of the First Amendment rights of the recipients of FISC orders, such as telephone and internet companies, to release information about the type and volume of national security requests they receive from the NSA and the FBI.
Secret law has no place in a democracy. Under the First Amendment, the public has a qualified right of access to FISC opinions concerning the scope, meaning, or constitutionality of the surveillance laws, and that right clearly applies to legal opinions interpreting Americans' bedrock constitutional rights. We all have a right to know, at least in general terms, what kinds of information the government is collecting about innocent Americans, on what scale, and based on what legal theory.
See the original post:
NSA Surveillance | American Civil Liberties Union
- 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]
- Ex-NSA cyber chief warns of devastating impact of potential DOGE-inspired firings - Breaking Defense - March 9th, 2025 [March 9th, 2025]
- Former top NSA cyber official: Probationary firings devastating to cyber, national security - CyberScoop - March 9th, 2025 [March 9th, 2025]
- Prime Targets Martha Plimpton On Her NSA Character & Why This Political Thriller Works: Never Trust People In Charge - Deadline - March 9th, 2025 [March 9th, 2025]
- Former NSA Dep. Director, Gifty Oware-Mensah will see NIB over 80k ghost names allegations - GhanaWeb - March 5th, 2025 [March 5th, 2025]
- Zelensky is not ready for peace talks, US NSA says - Mehr News Agency - English Version - March 3rd, 2025 [March 3rd, 2025]
- More Than 100 Intelligence Staffers Will Be Fired Over Sexually Explicit Texts In NSA Chatrooms, Gabbard Says - Forbes - March 1st, 2025 [March 1st, 2025]
- NSA says it is investigating potential misuse of chat platform - The Record from Recorded Future News - March 1st, 2025 [March 1st, 2025]
- 100-plus spies fired after NSA internal chat board used for kinky sex talk - The Register - March 1st, 2025 [March 1st, 2025]
- Tulsi Gabbard says more than 100 intelligence officers will be fired for sexually explicit NSA chat messages - CNN - March 1st, 2025 [March 1st, 2025]
- Elon Asked What Government Workers Did. The NSA Overshared - Schiff Sovereign - March 1st, 2025 [March 1st, 2025]
- Tulsi Gabbard Fires 100 Intelligence Officers for Sex Chats on NSA-Hosted Tool - The Daily Beast - March 1st, 2025 [March 1st, 2025]
- Elon Musk reacts to leaked chat alleging NSA, CIA officials discussed raising intersex babies as non-bina - The Times of India - March 1st, 2025 [March 1st, 2025]
- What NSA, DIA agents said about Libs of TikTok, Ben Shapiro in leaked messages - The Times of India - March 1st, 2025 [March 1st, 2025]
- NSA staff accused of lurid sex chats at work they were just discussing LGBTQ+ issues - PinkNews - March 1st, 2025 [March 1st, 2025]
- Sen. Tom Cotton reacts to lewd NSA chats: 'We don't want these people anywhere near classified information' - Fox News - March 1st, 2025 [March 1st, 2025]
- At least 100 NSA staffers to be fired for explicit chats during work hours - WDRB - March 1st, 2025 [March 1st, 2025]
- Gifty Oware-Mensah on the run as NIB investigates NSA scandal - GhanaWeb - February 25th, 2025 [February 25th, 2025]
- Former NSA, Cyber Command chief Paul Nakasone says U.S. falling behind its enemies in cyberspace - CyberScoop - February 25th, 2025 [February 25th, 2025]
- NSA emphasizes strong defensive posture as it responds to report it hacked China - Washington Times - February 25th, 2025 [February 25th, 2025]
- How the NSA Head of Accounts was undermined by his deputy for eight months after appointment - GhanaWeb - February 25th, 2025 [February 25th, 2025]
- What Is Proteus in Zero Day? How the NSA Weapon Changes Everything - Collider - February 25th, 2025 [February 25th, 2025]
- 'Zelenskyy will sign the minerals deal, no matter': US NSA Mike Waltz on Trump's Ukraine plan - The Economic Times - February 25th, 2025 [February 25th, 2025]
- EXCLUSIVE: Clearcover launches Illinois-based reciprocal exchange to jumpstart entry into NSA - Re-Insurance.com - February 12th, 2025 [February 12th, 2025]
- Chief of Naval Operations Visits NSA Crane, Purdue University [Image 18 of 25] - DVIDS - February 12th, 2025 [February 12th, 2025]
- Liminal Health Launches NSA ClearPath: Revolutionizing Reimbursement for Out-of-Network Providers - PR Newswire - February 12th, 2025 [February 12th, 2025]
- Elon Musks D.O.G.E is giving the CIA and NSA nightmares now - MSN - February 12th, 2025 [February 12th, 2025]
- NSA Ajit Doval likely to visit US along with PM Modi - The Economic Times - February 12th, 2025 [February 12th, 2025]