08/31/12

Permalink Justice Department sued for hiding NSA surveillance program

The US Justice Department is being sued after failing to adhere to Freedom of Information Act requests for documents on a federal surveillance program that has targeted the email and phone conversations of Americans throughout the last five years. The Electronic Frontier Foundation, a San Francisco-based advocacy groups that fights to protect civil liberties in the digital age, filed a lawsuit on Thursday this week that names the Department of Justice as the sole defendant. - The EFF charges that the DoJ violated the Freedom of Information Act, or FOIA, by failing to expedite previous requests filed with the government for documents relating to a 2008 amendment included in the Foreign Intelligence Surveillance Act. Under that year’s update to FISA, feds were awarded legal wiggle room to collect and comb through any communication originating in the United States that is sent abroad through email or phone, all under the guise of national security. The EFF and others attest that the government has extensively violated the US Constitution by doing as such, though, and is now suing the DoJ not for ongoing abuse of the Fourth Amendment’s protection against unreasonable search and seizure, but for the department’s failure to quickly honor the FOIA request and for wrongful withholding of agency records.

“The FISA Amendments Act (FAA) of 2008 gave the NSA expansive power to spy on Americans' international email and telephone calls,” the EFF explains in an official statement to the media that was released in conjunction with this week’s lawsuit. “However, last month, in a letter to Senator Ron Wyden, a government official publicly disclosed that the NSA's surveillance had gone even further than what the law permits, with the Foreign Intelligence Surveillance Court (FISC) issuing at least one ruling calling the NSA's actions unconstitutional.”

Wired: EFF Sues to Get Secret Court Rulings Showing Feds Violated Spy Law

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