Jewel v. NSA, EFFs landmark case challenging NSAs mass spying moved forward in 2019, setting up a crucial decision for the Ninth Circuit in 2020. Weve pursued this case for over a decade because we believe that mass surveillance, like all general search and seizure schemes, is both illegal and unconstitutional. The case arises from general seizures and searches conducted through three NSA surveillance programs: the NSAs current Upstream tapping of the Internet backbone, its past actions collecting Internet metadata and its discontinued mass telephone records collection, purportedly authorized by section 215 of the Patriot Act. Congress just shamefully kicked debate on reauthorization of section 215 until March, 2020, even though it was stopped in 2018 after concerns of massive overcollection by the secret FISA Court and has never helped catch a terrorist.
In 2019, we had bad news and good news on the litigation front.
The bad news came in April, when the District Court ruled that, despite the enormous amountof direct and circumstantial evidence showing our clients communications likely swept up by the NSA dragnet surveillance to establish legal standing,no public court can rule on whether this surveillance is legal. The Court agreed with the government that our claims were caught in a state secrets privilege Catch-22: no one can sue to stop illegal surveillance unless the court first determines that they were certainly touched by the vast surveillance mechanisms of the NSA. But the court cannot decide whether any particular persons email, web searches, social media or phone calls were touched by the surveillance unless the government admits it which the government will not do. This circular ruling matched an earlier ruling by the District Court under the Fourth Amendment, and, at long last, set both of these rulings up for review by the Ninth Circuit Court of Appeals.
We made three key arguments in our opening briefs, filed in September:
We didnt go to the Ninth Circuit alone, though. In early October six amicus briefs were filed in support of our case:
The governments responsive briefs are due in early December, with our final briefs likely due in January. Were hopeful that the Ninth Circuit will recognize the importance of the case and hold a hearing in the Spring.
This article is part of our Year in Review series. Read other articles about the fight for digital rights in 2019.
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Jewel v. NSA: On to the Ninth Circuit: 2019 Year in Review - EFF
- WikiLeaks' Julian Assange: NSA critics got lucky because agency had no PR strategy - April 26th, 2014 [April 26th, 2014]
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- ShmooCon 2014: The NSA: Capabilities and Countermeasures - Video - April 27th, 2014 [April 27th, 2014]
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- Former NSA Head To Become Columnist For Conservative Paper To Discuss Intelligence - Video - April 27th, 2014 [April 27th, 2014]
- An Inside Look at the NSA With Whistleblower William Binney (Part 1 of 2) - Video - April 27th, 2014 [April 27th, 2014]
- Keynote Address by Shri Shivshankar Menon, NSA at International Seminar on Kautilya - Video - April 27th, 2014 [April 27th, 2014]
- NSA Wiretapping: A 4th Amendment Violation?: Blake Norvell at TEDxSMU - Video - April 27th, 2014 [April 27th, 2014]
- Hang with Rand: Email Privacy, NSA Spying, and Defending Our Civil Liberties - Video - April 27th, 2014 [April 27th, 2014]
- NSA Surveillance and What To Do About It - Bruce Schneier - Video - April 27th, 2014 [April 27th, 2014]
- READER SUBMITTED: NSA CT April 2014 Meeting - April 28th, 2014 [April 28th, 2014]
- MVI 1847 Obama's NSA Denies FOIA About MH 370! - Video - April 28th, 2014 [April 28th, 2014]
- George Galloway's Sputnik: Ewen MacAskill on Guardian / Edward Snowden NSA leaks (26Apr14) - Video - April 28th, 2014 [April 28th, 2014]
- CIA & NSA DIRECTED ENERGY WEAPON ATTACK ON WHISTLE BLOWER - Video - April 28th, 2014 [April 28th, 2014]
- Book TV - 2014 San Antonio Book Festival: Panel on the NSA, Big Brother, and Democracy - Video - April 28th, 2014 [April 28th, 2014]
- NSA Throwdown: John Oliver v. 60 Minutes - April 29th, 2014 [April 29th, 2014]
- NSA will sit on security vulnerabilities because of terrorism - April 29th, 2014 [April 29th, 2014]
- New water records show NSA Utah Data Center likely behind schedule - April 29th, 2014 [April 29th, 2014]
- MVI 1871 NSA Might Be OnTo Me! - Video - April 29th, 2014 [April 29th, 2014]
- ZyXEL NSA 325 v2 Hands On - Deutsch / German notebooksbilliger.de - Video - April 29th, 2014 [April 29th, 2014]
- German opposition says US should destroy Merkel's NSA file - Video - April 29th, 2014 [April 29th, 2014]
- Germany: NSA spying "unacceptable" says SPD - Video - April 29th, 2014 [April 29th, 2014]
- NSA Surveillance 2 - Video - April 29th, 2014 [April 29th, 2014]
- NSA Surveillance Panel 1 - Video - April 29th, 2014 [April 29th, 2014]
- Chalk Talk How Snowden Breached NSA Security - Video - April 29th, 2014 [April 29th, 2014]
- NSA reveals some cyber security flaws are left secret - April 30th, 2014 [April 30th, 2014]
- NSA data center uses less water than expected - April 30th, 2014 [April 30th, 2014]
- April 2014 Breaking News Do you use Google or Yahoo? NSA Intercepts Google And Yahoo Traffic - Video - April 30th, 2014 [April 30th, 2014]
- Supreme Court could weigh in on NSA case, justice says - May 1st, 2014 [May 1st, 2014]
- New NSA chief: Agency has lost trust - May 1st, 2014 [May 1st, 2014]
- NSA on Heartbleed: 'We're not legally allowed to lie to you' - May 1st, 2014 [May 1st, 2014]
- What's The NSA Doing Now? Training More Cyberwarriors - May 1st, 2014 [May 1st, 2014]
- Anonymous NSA - Video - May 1st, 2014 [May 1st, 2014]
- Cutting off H2O to the NSA - Video - May 1st, 2014 [May 1st, 2014]
- Brazil: Greenwald slams US media, shares tips to avoid NSA - Video - May 1st, 2014 [May 1st, 2014]
- NSA IS TRYINGG 2 KILL ME FAMS - Video - May 1st, 2014 [May 1st, 2014]
- What was more popular on Twitter, NSA, NRA or NBA..today? - Video - May 1st, 2014 [May 1st, 2014]
- CIS111: NSA Uncovered - Video - May 1st, 2014 [May 1st, 2014]
- Views from the Street on NSA Activities and Liberty (6/6) - Video - May 1st, 2014 [May 1st, 2014]
- Views from the Street on NSA Activities and Liberty (4/6) - Video - May 1st, 2014 [May 1st, 2014]
- Views from the Street on NSA Activities and Liberty (3/6) - Video - May 1st, 2014 [May 1st, 2014]
- Views from the Street on NSA Activities and Liberty (2/6) - Video - May 1st, 2014 [May 1st, 2014]
- Views from the Street on NSA Activities and Liberty (1/6) - Video - May 1st, 2014 [May 1st, 2014]
- Germany: NSA may have accidentally outed secret base - Video - May 1st, 2014 [May 1st, 2014]
- ZyXEL NSA 325 v2 Installations-Wizard - Deutsch / German notebooksbilliger.de - Video - May 1st, 2014 [May 1st, 2014]
- Tech firms to increase alerts about police requests for data -- report - May 2nd, 2014 [May 2nd, 2014]
- German Chancellor Angela Merkel visits US, after the NSA eavesdropping scandal - Video - May 2nd, 2014 [May 2nd, 2014]
- NSA spies on more US citizens than Russians Snowden - May 3rd, 2014 [May 3rd, 2014]
- THE NEXT NSA?Police under scrutiny for using spying technology - May 3rd, 2014 [May 3rd, 2014]
- Ukraine and NSA will test Merkel - Video - May 3rd, 2014 [May 3rd, 2014]
- The Latest Attacks On NSA Whistleblower Edward Snowden - Kevin Gosztola Discusses - Video - May 3rd, 2014 [May 3rd, 2014]
- Still Report #246 - NSA Classifies MH370 Material - Video - May 4th, 2014 [May 4th, 2014]
- Code Talker Induction into NSA Hall of Honor - Video - May 4th, 2014 [May 4th, 2014]
- NSA ( National Security Agency ) refusal to release documents on UFO's - Video - May 4th, 2014 [May 4th, 2014]
- Obama & NSA Refuse FOIA Request on Malaysia Flight deemed classified - Video - May 4th, 2014 [May 4th, 2014]
- Kafkawinstons World`s Channel Terminated NSA is replacing Channel`s with Sockpuppet Channel`s - Video - May 4th, 2014 [May 4th, 2014]
- NSA Volunteer Justin Hall at the NSA Comedy Tour February 2014 - Video - May 4th, 2014 [May 4th, 2014]
- Barack Obama on NSA Surveillance I'd Be Concerned Too If I Wasn't in Government - Video - May 4th, 2014 [May 4th, 2014]
- GBPPR Vision #26: Overview of the NSA's TAWDRYYARD Radar Retro-Reflector - Video - May 4th, 2014 [May 4th, 2014]
- NSA proof phone Case - Video - May 5th, 2014 [May 5th, 2014]
- 2014 NSA 2014 Million Dollar Publisher's Lab - Video - May 5th, 2014 [May 5th, 2014]
- Gen. Michael Hayden - the Former Director of NSA and the CIA - Video - May 5th, 2014 [May 5th, 2014]
- REVEALED: Here's The Solution To That Encoded NSA Puzzle Tweet - May 5th, 2014 [May 5th, 2014]
- Michael Hayden's Unwitting Case Against Secret Surveillance - May 5th, 2014 [May 5th, 2014]
- NSA's Encrypted Tweet: We're Hiring Code Breakers - May 5th, 2014 [May 5th, 2014]
- Russ Tice: Life as a NSA Whistleblower - Video - May 5th, 2014 [May 5th, 2014]
- What Is Going on at NSA These Days - Video - May 5th, 2014 [May 5th, 2014]
- What is the Role of the NSA? AFF Dallas Debates - Video - May 5th, 2014 [May 5th, 2014]
- Edward Snowden said CIA , and NSA had 52. 6 Billion for black budget - Video - May 5th, 2014 [May 5th, 2014]
- NSA looks to appeal to young cryptographers through coded ads - May 6th, 2014 [May 6th, 2014]
- Code Cracked: Mysterious NSA Tweet Is Decrypted in Seconds - May 6th, 2014 [May 6th, 2014]