EFF: Government Fights to Trap EFF’s NSA Spying Case in a Catch-22
Government Fights to Trap EFF’s NSA Spying Case in a Catch-22 The U.S. government admits—and, of course, it’s common knowledge—that the NSA conducts mass, dragnet surveillance of hundreds of millions of Americans’ communications. It has done so via a series of different technical strategies and legal arguments for over 18 years. Yet the Justice Department insists that our legal fight against this spying is bound by a Catch-22 : no one can sue 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 person’s email, web searches, social media or phone calls were touched by the surveillance unless the government admits it. Which, of course, it will not do. At a federal court hearing last month in Oakland, California for our Jewel v. NSA case, we took on this circular argument. EFF Special Counsel Richard Wiebe reviewed the vast trove of direct and circumstantial evidence show...