Falls Church, Virginia (AP) —A split federal Court of Appeals upholds the dismissal of the ACLU proceedings against some of the unjustified surveillance of Americans’ international email and telephone communications by the U.S. National Security Agency. Did.
The Fourth US Court of Appeals for the Circuit ruled on Wednesday that the proceedings must be dismissed after the government has invoked “state secret privileges.” This means that a full investigation of the matter in court will undermine national security.
The Wikimedia Foundation, which operates Wikipedia, said in a proceeding that the National Security Agency’s “upstream” surveillance program inevitably seized part of its international communications, amending the right to free speech and unjustified search and seizure. He stated that he violated the rights of Article 4.
Although the details of upstream programs are categorized, they collect data from transmissions over high-speed cables that carry electronic communications inside and outside the country.
In majority opinion, Obama’s appointed judge, Judge Albert Diaz, agreed with the government’s claim that proceedings over the composition of the program cannot be filed without compromising national security.
“There is no possible defense against this claim that does not reveal the very information that the government is trying to protect: the mechanism and location of upstream surveillance,” Diaz wrote.
In dissenting, Judge Diana Gribbon Motz said the Supreme Court was set up to hear discussions about cases that could explain the breadth of state secret privileges, and the government decided to do so. I wrote that it was a mistake to allow it to be called in advance.
She said the majority opinion “means a drastic proposal. Even if the government presupposes only defense against the exaggerated hypothesis, after minimal judicial review, the proceedings are under state secret principles. It may be rejected. “
Patrick Toomy, a lawyer for Wikimedia’s leading ACLU national security project, said he was “extremely disappointed” with the decision, and the lawyer is considering options for appeal.
“The NSA sucks American communications from the Internet backbone into spy machines every day, invading privacy and chilling freedom of expression,” he said in a statement. Digital drug nets are constitutional. “
The proceedings were filed after NSA contractor Edward Snowden disclosed the scope of government oversight. The proceedings were first filed in 2015 over the question of whether plaintiffs are in a position to file a proceeding. However, the Fourth Circuit revived the case and sent it back to the lower court. The lower court dismissed it again in 2019 with a state secret claim.
Upstream programs are just one part of the NSA’s monitoring. The “downstream” part involves Internet service providers such as Google in collecting communications for selected targets. Court rulings show that downstream collections provide a “most” of what is collected by the NSA.
Suggest a fix
Court dismissed proceedings against NSA on grounds for “state secrets” | WGN Radio 720
Source link Court dismissed proceedings against NSA on grounds for “state secrets” | WGN Radio 720