fisa

Supreme Court throws out NSA surveillance case

In a narrow, 5-4 decision, the U.S. Supreme Court rejected a lawsuit challenging a secretive National Security Agency surveillance program.

A majority of the justices ruled (PDF) that the lawsuit, brought by human rights advocates and journalists who believed their electronic communications sent abroad would be intercepted, was "too speculative" to proceed based on fears of "hypothetical future harm."

The plaintiffs, which included Amnesty International and The Nation magazine, had argued that the 2008 amendments to the Foreign Intelligence Surveillance Act -- giving the government virtually unregulated authority to perform bulk surveillance on the international … Read more

Secret document on FISA snooping law released -- sort of

The Electronic Frontier Foundation has been successful in having a secret document released by the U.S. government, that helps U.S. authorities to interpret the federal snooping law, the Foreign Intelligence Services Act (FISA).

The trouble is, the document is pretty much entirely all redacted. (So much for transparency...)

In a nutshell, last month the U.S. Congress reauthorized the FISA Amendments Act for another five years, allowing the U.S. government and its law enforcement agencies to conduct "unconstitutional surveillance," according to the EFF. However, the law is complicated and lengthy, and there is a "… Read more

The snoop state's still alive and well (Anybody notice?)

In mid-December, a good portion of our wired world had a collective cow after Instagram put out a confusing statement about how it planned to treat users' photos. (The company blamed the ensuing uproar on imprecise wording and retreated to its original terms of service.) Oh, we love our photos. Fine. Whatever.

Now compare that uproar with the (relative) sound of silence greeting the five-year extension of extraordinary spying powers handed to the National Security Agency. Even in an age when attention deficit disorder seems to be the default mode, this was something else. In the closing days of 2012, … Read more

Patriot Act can 'obtain' data in Europe, researchers say

European data stored in the "cloud" could be acquired and inspected by U.S. law enforcement and intelligence agencies, despite Europe's strong data protection laws, university researchers have suggested.

A research paper written by legal experts at the University of Amsterdam's Institute for Information Law and titled "Cloud Computing in Higher Education and Research Institutions and the USA Patriot Act" supports previous reports that the antiterror Patriot Act could theoretically be used by U.S. law enforcement to bypass strict European privacy laws to acquire citizen data within the European Union.

The Patriot Act, … Read more

Supreme Court closes door on warrantless eavesdropping suit

The long-standing warrantless spying case ended at the hands of the Supreme Court today. After six years of working its way up through the courts, the Electronic Frontier Foundation's lawsuit against the National Security Agency -- which aimed to hold telecom companies liable for allowing government eavesdropping on U.S. residents -- was terminated.

The Supreme Court declined to review a lower court ruling on the case today, closing the door on further appeals. Its decision did not address the merits of the case.

Hepting v. AT&T was a class-action suit filed by the American Civil Liberties … Read more

EFF, Bush administration spar over telecom immunity

SAN FRANCISCO--A federal judge on Tuesday heard arguments in a case that centers on an important constitutional principle: can the Feds immunize any telecommunications company that violated the law by opening its network to government snoops?

That was the question debated in the courtroom of U.S. District Judge Vaughn Walker on Tuesday. Lawyers with the U.S. Justice Department, who sought to persuade Walker to throw out lawsuits pending against the telecommunications companies, told him the government engages in a variety of activities designed to "protect the heartland." Those in the Bush administration have said the lawsuits … Read more

EFF to court: Don't shield telecoms from illegal-spying suits

The Electronic Frontier Foundation, an advocacy group for Internet users, is expected to argue in court on Tuesday that it's unconstitutional to prevent Americans from suing the telecom companies that allegedly helped the federal government unlawfully spy on them.

The FISA Amendments Act (FAA) gives telecommunications companies retroactive immunity for opening their networks to the National Security Agency. The telecoms can walk away from lawsuits as long as the government claims the request was "lawful" and authorized by the president. Before the law was passed, EFF had brought a lawsuit against AT&T that is before … Read more

Senate endorses retroactive FISA immunity for warrantless wiretapping

The Democratic-controlled Senate handed President Bush a major political victory on Wednesday by voting to derail lawsuits against telecommunications companies that unlawfully opened their networks to the National Security Agency.

Senators voted 69 to 28 for the bill, which would rewrite federal wiretap laws by granting retroactive immunity to telecommunications companies as long as the government claims the request was "lawful" and authorized by the president.

Wednesday's vote followed a last-minute effort by liberal and libertarian activists to convince enough Democrats to kill or modify the bill. DailyKos called the bill "a pardon to Bush"; … Read more

House passes 'compromise' spy law shielding telecoms

The House of Representatives on Friday voted overwhelmingly in favor of a "compromise" spy law that would shield AT&T and other companies from pending lawsuits accusing them of opening their networks to the government in violation of wiretap laws.

The major sticking point in the contentious rewrite of a 1978 electronic-surveillance law known as the Foreign Intelligence Surveillance Act, or FISA, was whether to grant so-called retroactive legal immunity to telephone companies being sued for their participation in the warrantless surveillance program secretly begun by President George W. Bush after the September 11 attacks.

Touted by … Read more

Congress may OK 'compromise' bill to derail spying lawsuits

The U.S. Congress may soon vote on a new "compromise" spy law that would still likely derail pending suits against AT&T and other companies accused of opening their networks to the government in violation of wiretap law.

Democratic leaders, facing intense election year pressure from Republicans and more conservative "Blue Dog" members of their own party, had said they hoped to reach an agreement on a contentious rewrite of a 1978 electronic-surveillance law known as the Foreign Intelligence Surveillance Act, or FISA, before their Memorial Day recess.

That self-imposed deadline passed without action. … Read more