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Wikimedia Is Clear To Sue the NSA Over Its Use of Warrantless Surveillance Tools (engadget.com)
The Wikimedia Foundation has the right to sue the National Security Agency over its use of warrantless surveillance tools, a federal appeals court ruled. "A district judge shot down Wikimedia's case in 2015, saying the group hadn't proved the NSA was actually illegally spying on its communications," reports Engadget. "In this case, proof was a tall order, considering information about the targeted surveillance system, Upstream, remains classified." From the report: The appeals court today ruled Wikimedia presented sufficient evidence that the NSA was in fact monitoring its communications, even if inadvertently. The Upstream system regularly tracks the physical backbone of the internet -- the cables and routers that actually transmit our emoji. With the help of telecom providers, the NSA then intercepts specific messages that contain "selectors," email addresses or other contact information for international targets under U.S. surveillance. "To put it simply, Wikimedia has plausibly alleged that its communications travel all of the roads that a communication can take, and that the NSA seizes all of the communications along at least one of those roads," the appeals court writes. "Thus, at least at this stage of the litigation, Wikimedia has standing to sue for a violation of the Fourth Amendment. And, because Wikimedia has self-censored its speech and sometimes forgone electronic communications in response to Upstream surveillance, it also has standing to sue for a violation of the First Amendment."
maybe someday we can bring it back again.
Furthermore, monitoring itself does not interfere with speech in any way.
Excuse me?
I'll tell you what, create an account here on Slashdot using your real name - DOX yourself so we can be sure you who you say you are - and post what you honestly think of our government.
If we ever get a functioning justice system in this country, civil litigation of this sort would be redundant. Thanks to Edward Snowden, we know that the NSA employs people to commit billions of felonies every day. Until and unless they actually get punished for it, this shit will continue.
-jcr
The only title of honor that a tyrant can grant is "Enemy of the State."
Trade Federation: "is it legal"
Palpatine: "I will make it legal"
Government is above the law, because it makes the law. We don't elect people to write laws and execute them, we elect people to monitor the legislative and executive actions of the shadow state.
Far too many people are enjoying the fruits of this illicit governance, and therefore don't care how bad our liberties are being raped.
Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
"An unreasonable search is one that is not supported by a warrant."
A warrant "...particularly describing the place to be searched..."
The Fourth Amendment is written in such a way as to preclude a court from issuing any sort of "general" warrant. Searching the records of millions of people or collecting vast amounts of internet traffic is not a "particular" place to be searched.
"It does not matter whether that warrant is valid, only that it exists."
You could argue that an invalid warrant means the NSA personnel were acting in good faith and should thus not be subject to disciplinary action or criminal charge, but it doesn't make their activity legal. Yes, any warrant allegedly permitting this sweeping surveillance activity would be central to the case.
We need to bring these important claims to court because the courts have never issued a ruling on the Constitutionality of the NSA surveillance programs. Thus far, the government has successfully argued that the programs cannot be challenged in court because the plaintiffs don't have legal standing. Sounds like that argument didn't work this time.
Technically, the US is a Democratic Republic. Tyranny of the majority (Democracy) is still tyranny.
Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.