NSA Spying: Government’s Latest Delay Tactic Fails
The United States Court of Appeals for the Ninth Circuit today rejected the government’s latest attempt to delay consideration of whether the NSA’s tapping into the Internet backbone is legal in Jewel v. NSA,
clearing the path for the first appellate court decision on whether
this formerly secret mass surveillance program violates the Fourth
Amendment.
clearing the path for the first appellate court decision on whether
this formerly secret mass surveillance program violates the Fourth
Amendment.
At issue is one of the most controversial NSA
programs, involving both seizing of Internet traffic as it passes
through key switches online and the full-text content searches of a huge
amount of the communications seized. The government admits this
includes many communications between Americans inside the U.S. and
people abroad, as well as messages that indicate that a crime has been
committed (with no limitations on how serious or what type of crime) and
all encrypted messages, all of which have full Fourth Amendment
protection. More on the arguments here.
programs, involving both seizing of Internet traffic as it passes
through key switches online and the full-text content searches of a huge
amount of the communications seized. The government admits this
includes many communications between Americans inside the U.S. and
people abroad, as well as messages that indicate that a crime has been
committed (with no limitations on how serious or what type of crime) and
all encrypted messages, all of which have full Fourth Amendment
protection. More on the arguments here.
The government’s foot-dragging on this case is
longstanding, and this marked the third time since February that it has
tried to block this appeal, arguing that the Internet backbone
surveillance cannot be considered until all of the many other issues in
the Jewel case have been finally decided by the district court.
longstanding, and this marked the third time since February that it has
tried to block this appeal, arguing that the Internet backbone
surveillance cannot be considered until all of the many other issues in
the Jewel case have been finally decided by the district court.
The Ninth Circuit didn’t reject the government’s
claim entirely, however. Instead it deferred it to the full panel
consideration of the surveillance. It also ordered that the hearing be
held as soon as the full briefing is finished in the case, which should
be completed in early October.
claim entirely, however. Instead it deferred it to the full panel
consideration of the surveillance. It also ordered that the hearing be
held as soon as the full briefing is finished in the case, which should
be completed in early October.
