Federal Judge Allows EFF’s NSA Mass Spying Case to Proceed
Rejects Government’s State Secret Privilege Claims in Jewel v. NSA and Shubert v. Obama
EFF | July 8, 2013
San Francisco – A federal judge today rejected the U.S. government’s latest attempt to dismiss the Electronic Frontier Foundation’s (EFF’s) long-running challenge to the government’s illegal dragnet surveillance programs. Today’s ruling means the allegations at the heart of the Jewel case move forward under the supervision of a public federal court.
“The court rightly found that the traditional legal system can determine the legality of the mass, dragnet surveillance of innocent Americans and rejected the government’s invocation of the state secrets privilege to have the case dismissed,” said Cindy Cohn, EFF’s Legal Director. “Over the last month, we came face-to-face with new details of mass, untargeted collection of phone and Internet records, substantially confirmed by the Director of National Intelligence. Today’s decision sets the stage for finally getting a ruling that can stop the dragnet surveillance and restore Americans’ constitutional rights.”
In the ruling, Judge Jeffrey White of the Northern District of California federal court agreed with EFF that the very subject matter of the lawsuit is not a state secret, and any properly classified details can be litigated under the procedures of the Foreign Intelligence Surveillance Act (FISA). As Judge White wrote in the decision, “Congress intended for FISA to displace the common law rules such as the state secrets privilege with regard to matter within FISA’s purview.” While the court allowed the constitutional questions to go forward, it also dismissed some of the statutory claims. A status conference is set for August 23.
EFF’s Jewel case is joined in the litigation with another case, Shubert v. Obama.
“We are pleased that the court found that FISA overrides the state secrets privilege and look forward to addressing the substance of the illegal mass surveillance,” said counsel for Shubert, Ilann Maazel of Emery Celli Brinckerhoff & Abady LLP. “The American people deserve their day in court.”
Filed in 2008, Jewel v. NSA is aimed at ending the NSA’s dragnet surveillance of millions of ordinary Americans and holding accountable the government officials who illegally authorized it. Evidence in the case includes undisputed documents provided by former AT&T telecommunications technician Mark Klein showing AT&T has routed copies of Internet traffic to a secret room in San Francisco controlled by the NSA. The case is supported by declarations from three NSA whistleblowers along with a mountain of other evidence. The recent blockbuster revelations about the extent of the NSA spying on telecommunications and Internet activities also bolster EFF’s case.
For the full decision:
https://www.eff.org/node/74895
For more on Jewel v. NSA:
https://www.eff.org/cases/jewel
1 Comment »
Leave a comment
Featured Video
No More Ukraine Proxy War? You’re a Traitor!
or go to
Aletho News Archives – Video-Images
From the Archives
The lies about the 1967 war are still more powerful than the truth
By Alan Hart | June 4, 2012
In retrospect it can be seen that the 1967 war, the Six Days War, was the turning point in the relationship between the Zionist state of Israel and the Jews of the world (the majority of Jews who prefer to live not in Israel but as citizens of many other nations). Until the 1967 war, and with the exception of a minority of who were politically active, most non-Israeli Jews did not have – how can I put it? – a great empathy with Zionism’s child. Israel was there and, in the sub-consciousness, a refuge of last resort; but the Jewish nationalism it represented had not generated the overtly enthusiastic support of the Jews of the world. The Jews of Israel were in their chosen place and the Jews of the world were in their chosen places. There was not, so to speak, a great feeling of togetherness. At a point David Ben-Gurion, Israel’s founding father and first prime minister, was so disillusioned by the indifference of world Jewry that he went public with his criticism – not enough Jews were coming to live in Israel.
So how and why did the 1967 war transform the relationship between the Jews of the world and Israel? … continue
Blog Roll
Recent Comments
Bill Francis on Chris Minns Defends NSW “Hate… Sheree Sheree on I was canceled by three newspa… Richard Ong on Czech–Slovak alignment signals… John Edward Kendrick on Colonel Jacques Baud & Nat… eddieb on Villains of Judea: Ronald Laud… rezjiekc on Substack Imposes Digital ID Ch… loongtip on US strikes three vessels in Ea… eddieb on An Avoidable Disaster Steve Jones on For Israel, The Terrorist Atta… cleversensationally3… on Over Half of Germans Feel Unab… loongtip on Investigation Into U.S. Milita… loongtip on Zelensky’s Impossible De…
Aletho News- How Policies From The Bi-Parisian Foreign Policy Establishment Led To Trump’s Venezuela War
- No More Ukraine Proxy War? You’re a Traitor!
- Sexual Blackmail Makes the World Go ‘Round
- Powerful Israeli Strikes on South Lebanon and Bekaa
- UAE-backed militia in Yemen reaches out to Israel for alliance against ‘common foes’: Report
- The UAE’s reverse trajectory: From riches to rags
- Chris Minns Defends NSW “Hate Speech” Laws Linking Censorship to Terror Prevention
- Majority of Belgians oppose theft of Russian assets – poll
- Czech–Slovak alignment signals growing dissatisfaction with Brussels’ authoritarianism
- Colonel Jacques Baud & Nathalie Yamb Sanctioned: EU Goes Soviet
- If Americans Knew
- Amnesty: ‘Utterly preventable’ Gaza flood tragedy must mobilize global action to end Israel’s genocide
- Israel Propagandists Are Uniformly Spouting The Exact Same Line About The Bondi Beach Shooting
- Ha’aretz: Free the Palestinian Activist Who Dared to Document Israel’s Crimes in the West Bank
- Garbage Is Poisoning Gaza
- Palestinian journalist recounts rape and torture in Israeli prison
- Gaza is crumbling, but its people persevere – Not a Ceasefire Day 69
- Pro-Israel billionaire Miriam Adelson green-lights a Trump 3rd term
- Australians Being Massacred Shouldn’t Bother Us More Than Palestinians Being Massacred
- Garbage, stench, sewage, and rats plague Gaza – Not a Ceasefire Day 68
- The Zionist Billionaire Circle Hiding in Plain Sight
- No Tricks Zone
- New Study: 8000 Years Ago Relative Sea Level Was 30 Meters Higher Than Today Across East Antarctica
- The Wind Energy Paradox: “Why More Wind Turbines Don’t Always Mean More Power”
- New Study Reopens Questions About Our Ability To Meaningfully Assess Global Mean Temperature
- Dialing Back The Panic: German Physics Prof Sees No Evidence Of Climate Tipping Points!
- Astrophysicist Dr. Willie Soon Challenges The Climate Consensus … It’s The Sun, Not CO2
- Regional Cooling Since The 1980s Has Driven Glacier Advance In The Karakoram Mountains
- Greenland Petermann Glacier Has Grown 30 Kilometers Since 2012!
- New Study: Temperature-Driven CO2 Outgassing Explains 83 Percent Of CO2 Rise Since 1959
- Climate Extremists Ordered By Hamburg Court To Pay €400,000 In Damages
- More Evidence NE China Is Not Cooperating With The Alarmist Global Warming Narrative
Aletho News 
The courts may consider the privacy consequences of US agencies’ spying directly on American citizens but they will not likely consider the implications of the Echelon chinese wall system for avoiding US constitutional conflict.
Echelon and related systems allow the allied USA, Canada, UK, Australia and New Zealand SigInt communities to harvest all communications for surveillance and spying on each others citizens without court ordered authority or target naming warrant. Because espionage on foreign citizens is not prohibited, domestic surveillance is framed as foreign intelligence but conducted by “sovereign” allied agencies (regardless of whether the sovereignty foreign nation’s government is properly informed of what human rights infractions are being undertaken on behalf of the USA).
Echelon became the convenient legalistic infrastructure for a US domestic surveillance, domestic spying and homeland intelligence system domiciled in allied host countries outside the USA and intended to become effectively exempt from US Constitutional oversight. Echelon avoids oversight in the same way that CIA extraordinary rendition avoids oversight –by having the torture assisted interrogations remotely conducted by foreign nationals on foreign soil.
The intelligence products of Echelon and its successors and derivatives provide many decades of useful intelligence on citizens’ personal activities, practices, interests and connections usually adequate to dissuade or compromise any testimony, whistle-blowing, or legally actionable release.
Echelon products also provide pre-emptive awareness of threat adequate to thoroughly compromise undesirable exposure and undermine public citizen and political demands for subjecting this system and its fruits to domestic constitutional and international multilateral oversight and human rights and privacy safeguards.
The Echelon and derivative SigInt systems are tools of war, if not weapons of war and must be subjected to domestic Constitutional and international safeguards in order to protect human rights and privacy from the presumption of thought crime. These systems undermine democracy in participating countries and create insider markets for trades in personal and private business information to convey huge manipulative advantage to foreign agencies and commercial and corporate interests.
M\\
LikeLike