Lawsuit Challenges NSA Internet Dragnets

By John P. Mello Jr. 03/13/15 11:02 AM PT

The American Civil Liberties Union earlier this week filed a lawsuit seeking to stop the National Security Agency from indiscriminately snooping on United States Internet traffic.

Using a technique called "upstream" surveillance, the NSA does a spinal tap of the Internet's U.S. backbone, which carries the communications of millions of Americans, the ACLU explained in its complaint filed with a federal district court in Maryland.

"In the course of this surveillance, the NSA is seizing Americans' communications en masse while they are in transit," the complaint alleges, "and it is searching the contents of substantially all international text-based communications -- and many domestic communications as well -- for tens of thousands of search terms."

That kind of surveillance violates federal law, the First and Fourth Amendments and Article III of the Constitution, maintained the ACLU, which is representing in the lawsuit the Wikimedia Foundation, the National Association of Criminal Defense Lawyers, Human Rights Watch, Amnesty International USA, PEN American Center, the Global Fund for Women, The Nation magazine, The Rutherford Institute and the Washington Office on Latin America.

This lawsuit is similar to one filed in the past involving NSA Director James R. Clapper and Amnesty International. That case was rejected by the U.S. Supreme Court. Backers of the latest lawsuit, however, believe their case has stronger legs than the previous litigation.

"Thanks to the Snowden disclosures and government acknowledgments over the last 18 months, we now know more about government surveillance than we did in Clapper v. Amnesty," explained Ashley Gorski, an attorney with the ACLU's National Security Project.

"That, for us, makes all the difference," she told the E-Commerce Times, "and we think that will make a difference in court as well."

In the Amnesty case, the Supreme Court ruled that the parties bringing the lawsuit lacked standing -- that is, they couldn't prove they were harmed by the behavior alleged in their complaint. The reason they couldn't prove harm was that they didn't know enough about what the NSA was doing to make the connection between harm and behavior.

"Prior to the Snowden revelations and the government acknowledgments, the public did not know anything at all about upstream surveillance -- least of all that the NSA was copying entire streams of Internet traffic and searching through them for information about its targets," Gorski said.

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Lawsuit Challenges NSA Internet Dragnets