Deeplinks Blog posts about NSA Spying
Often overlooked in discussions of the USA FREEDOM Act passed in June are the changes made to the National Security Letter (NSL) statute. The law addresses some of the more obvious problems with NSLs but fails, by a long shot, to bring them up to the standard required by the U.S. Constitution. Most critically, USA FREEDOM did not fix the problem of overbroad, potentially eternal gag orders or the fact that the NSL statute relegates the court to little more than a rubber stamp.
The U.S. Court of Appeals for the D.C. Circuit’s opinion today in Klayman v. Obama is highly disappointing and, worse, based on a mistaken concern about the underlying facts. The court said that since the plaintiffs' phone service was provided by one subsidiary of Verizon—Verizon Wireless—rather than another—Verizon Business—they couldn't prove that they had standing to sue. The court sent the case back to U.S. District Judge Richard Leon to give the Klayman plaintiffs an opportunity to prove that their records were in fact collected. The appeals court did not rule one way or the other of the constitutionality of the mass collection program.
We're still sifting through the documents released as part of the recent bombshells in the press discussing AT&T's "extreme willingness to help" the NSA in its mass spying programs.
Reports today in the New York Times and ProPublica confirm what EFF’s Jewel v. NSA lawsuit has claimed since 2008—that the NSA and AT&T have collaborated to build a domestic surveillance infrastructure, resulting in unconstitutional seizure and search of of millions, if not hundreds of millions, of Americans' Internet communications.
A New Milestone: Appeals Court to Consider NSA's Mass Seizures and Searches on the Internet Backbone
One of the most outrageous ways that the government has violated our Fourth Amendment rights against general seizures and searches has been through its system of tapping into the fiber optic cables of America’s telecommunications companies. The result is a digital dragnet—a technological mass surveillance system that subjects millions of ordinary Americans to the seizure and searching of their online correspondence, conversations, web searches, reading and other activities as they travel across the Internet. This tapping isn’t just about metadata—it includes full content searches of Americans’ communications, at the very least any international communications involving a website or a person who is abroad.
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