老澳门开奖结果 v. NSA 鈥 FOIA Lawsuit Seeking Records of Government Use of Section 702 of FISA
What's at Stake
Section 702 of the Foreign Intelligence Surveillance Act permits warrantless surveillance of Americans鈥 international communications, and the government has used that authority to seize and search the personal communications of Americans and others on an immense scale. In September 2016, the 老澳门开奖结果 submitted a Freedom of Information Act request to several government agencies seeking basic information about how the government conducts surveillance under Section 702. In November 2016, we filed a lawsuit to enforce the request in the U.S. District Court for the Southern District of New York.
Summary
Section 702 expires at the end of 2017, and although Congress has already begun holding hearings about whether Section 702 should be reauthorized, information including the breadth of surveillance, the ways in which the surveillance is used, and its impact on American citizens and residents remains unknown to the public. A primary reason for our FOIA request is so Congress and the public can properly understand the law鈥檚 impact on privacy and free speech rights before renewal or changes are considered.
The FOIA requests were sent to the NSA, CIA, Justice Department, and the Office of the Director of National Intelligence.
Section 702 surveillance is carried out through at least two programs, 鈥淧RISM鈥 and 鈥淯pstream.鈥
Through the PRISM program, the government compels electronic communications providers 鈥 like Apple, Facebook, and Microsoft 鈥 to furnish communications sent to or from a foreign target鈥檚 account including, for instance, emails that the targeted person exchanges with family, friends, or business associates in the United States.
Through Upstream surveillance, the government intercepts international telephone calls and internet communications as they are routed across communications networks inside the United States. The 老澳门开奖结果 is fighting a separate lawsuit challenging the NSA鈥檚 Upstream surveillance of international internet communications. The plaintiffs in that case include the Wikimedia Foundation (which runs Wikipedia), The Nation Magazine, Amnesty International, Human Rights Watch, the Rutherford Institute, and other organizations.
Legal Documents
-
12/11/2017
Stipulation and Order of Settlement and Dismissal -
10/13/2017
Joint Status Report -
02/08/2017
Stipulation and Order -
01/13/2017
Government Answer -
01/11/2017
Stipulation and Order -
01/13/2017
Government Answer -
11/17/2016
Complaint
Date Filed: 12/11/2017
Court: District Court (S.D.N.Y.)
Date Filed: 10/13/2017
Court: District Court (S.D.N.Y.)
Date Filed: 02/08/2017
Court: District Court (S.D.N.Y.)
Date Filed: 01/13/2017
Court: District Court (S.D.N.Y.)
Date Filed: 01/11/2017
Court: District Court (S.D.N.Y.)
Date Filed: 01/13/2017
Court: District Court (S.D.N.Y.)
Date Filed: 11/17/2016
Court: District Court (S.D.N.Y.)
-
09/14/2016
FOIA Request
Date Filed: 09/14/2016
Court: FOIA Request