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Edward Snowden Says a Report Critical To an NSA Lawsuit Is Authentic (techcrunch.com)

An anonymous reader quotes a report from TechCrunch: An unexpected declaration by whistleblower Edward Snowden filed in court [last] week adds a new twist in a long-running lawsuit against the NSA's surveillance programs. The case, filed by the EFF a decade ago, seeks to challenge the government's alleged illegal and unconstitutional surveillance of Americans, who are largely covered under the Fourth Amendment's protections against warrantless searches and seizures. It's a big step forward for the case, which had stalled largely because the government refused to confirm that a leaked document was authentic or accurate. News of the surveillance broke in 2006 when an AT&T technician Mark Klein revealed that the NSA was tapping into AT&T's network backbone. He alleged that a secret, locked room -- dubbed Room 641A -- in an AT&T facility in San Francisco where he worked was one of many around the U.S. used by the government to monitor communications -- domestic and overseas. President George W. Bush authorized the NSA to secretly wiretap Americans' communications shortly after the September 11 terrorist attacks in 2001.

Much of the EFF's complaint relied on Klein's testimony until 2013, when Snowden, a former NSA contractor, came forward with new revelations that described and detailed the vast scope of the U.S. government's surveillance capabilities, which included participation from other phone giants -- including Verizon (TechCrunch's parent company). Snowden's signed declaration, filed on October 31, confirms that one of the documents he leaked, which the EFF relied heavily on for its case, is an authentic draft document written by the then-NSA inspector general in 2009, which exposed concerns about the legality of the Bush's warrantless surveillance program -- Stellar Wind -- particularly the collection of bulk email records on Americans.
"I read its contents carefully during my employment," he said in his declaration. "I have a specific and strong recollection of this document because it indicated to me that the government had been conducting illegal surveillance."

8 of 70 comments (clear)

  1. Too late to vote tem out, too early to start shoot by denis.goddard · · Score: 2, Interesting

    The Federal Government is corrupt beyond fixing. Which is why I joined thousands of others to concentrate our efforts â" the Free State Project. Itâ(TM)s also why I use Tor, Monero, Signal, and look forward to getting a Purism phone. They will try to surveil; we will encrypt and use open systems!

  2. Snowden is a hero. by Anonymous Coward · · Score: 5, Insightful

    Snowden should be pardoned and welcomed home for the good deeds he did for us.

    He broke the law because the law was being abused, and he revealed the ways that our government was boldfacedly betraying all of us and lying to us. He didn't weaken national security, he gave us the evidence we needed to call our government on their treachery.

    1. Re:Snowden is a hero. by Curunir_wolf · · Score: 5, Informative

      The primary function of government is to protect its citizens

      No, that's false. Politicians say that all the time, but it's NOT true. No public office holder (in the US), nor military person or Federal law enforcement officer, ever makes such a promise. Instead, the oath they are required to make is to "protect and defend the Constitution of the United States." The Constitution that includes the 4th Amendment, which forbids unreasonable search and seizure.

      It doesn't matter what they think they should be doing to "protect" the citizens. Their first obligation, which they swore to as a condition of serving, is to defend the Constitution. Full Stop.

      --
      "Somebody has to do something. It's just incredibly pathetic it has to be us."
      --- Jerry Garcia
    2. Re:Snowden is a hero. by jd · · Score: 2

      The first job of government is to obey the law. If the law won't cut it, change it.

      The problem with Big Data, which you still miss, is that. Individuals are irrelevant. It's not about people, it's about populations. These tools could not be used the way you suggest.

      Third, terrorism has increased as surveillance has, none of whom were caught by
        surveillance, proving it is not about protecting people.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  3. Re:One problem by Narcocide · · Score: 2

    But what if they didn't, though? What if that perception of that particular public preference was just the symptoms of coordinated astro-turfing already, way back then? What if we all fell for it? I know I was one of the people clamoring against creating a giant creeping national security liability under the guise of national security. Weren't you, too? What if we all were? What if nobody wanted this except for a handful of rich and viciously evil traitors or foreign nationals? What if they tricked us into all blaming each other for it instead of taking action before it was too late?

  4. Re:Too late to vote tem out, too early to start sh by Anonymous Coward · · Score: 3, Insightful

    It is the nature of governance that it corrupts. No government can ever be kept free of corruption, it's impossible.

    The only thing we can do is keep it accountable. The more public their actions, the better behaved they are. Public accountability is the only thing we have that works.

    Tools that allow us to sneak around unseen may help us to do things of which they disapprove (including completely legal things such as honest journalism and so forth), but it won't stop them from being corrupt nor from harming us with their corruption. A shadow state is not a free state; it is merely an anarchic one (which, as we all know, is inherently unstable and vulnerable to malicious criminal elements). There can be no "final victory" over corruption, not by means of encryption, not by any other means.

    Apply political pressure towards the goal of keeping our leaders' actions visible and accountable. That is how we keep their evil in check, and endure.

  5. Re:Too late to vote tem out, too early to start sh by currently_awake · · Score: 2

    A constantly changing government of amateurs means the beurocracy runs the country. Experienced politicians are better at the job. Outlaw politicians taking money from anyone who can't vote for him/her. Have a cap on donations from a single person. Force politician to put their investments/company in a blind trust while in office. Adopt a Proportional Representation system, so you don't have a government that 2/3 of the voters voted against and voting third party isn't throwing away your vote.

  6. Re: Admissible? by AvitarX · · Score: 2

    That is completely untrue.

    I've edited hundreds of depositions to use as court testimony specifically because the witness was outside of court jurisdiction and couldn't be compelled to testify in person.

    Not only were they valid for discovery, but they were also valid for use as evidence.

    --
    Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg