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Wikipedia Privacy United States

Supreme Court Snubs Wikipedia Bid To Challenge NSA Surveillance (reuters.com) 35

The U.S. Supreme Court has declined to hear a bid by the operator of the popular Wikipedia internet encyclopedia to resurrect its lawsuit against the National Security Agency challenging mass online surveillance. From a report: Turning away the Wikimedia Foundation's appeal, the justices left in place a lower court's dismissal of the lawsuit based on the government's assertion of what is called the state secrets privilege, a legal doctrine that can shut down litigation if disclosure of certain information would damage U.S. national security. Represented by the American Civil Liberties Union, Wikimedia Foundation sued in 2015 challenging the legality of the NSA's "Upstream" surveillance of foreign targets through the "suspicionless" collection and searching of internet traffic on data transmission lines flowing into and out of the United States.
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Supreme Court Snubs Wikipedia Bid To Challenge NSA Surveillance

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  • by Geoffrey.landis ( 926948 ) on Wednesday February 22, 2023 @12:11PM (#63314627) Homepage

    Everybody wants transparency... about what other people are doing, but wants to keep what they are doing secret.

    • Spy's gonna spy. It's the job.

      If you have a secret, keep it to yourself. Otherwise, assume that the spies know it.

      • Spy's gonna spy. It's the job.

        If you have a secret, keep it to yourself. Otherwise, assume that the spies know it.

        A spy once told me two can keep a secret if one of them is dead.

  • Hypocrites (Score:3, Interesting)

    by whoever57 ( 658626 ) on Wednesday February 22, 2023 @12:27PM (#63314669) Journal

    The Supreme Court, with some members so concerned about the original text of the constitution, affirms a legal doctrine that doesn't have any basis in the text of the constitution.

    • with some members so concerned about the original text of the constitution

      Yes, they should blow up the document that set them up.

      But actually, no; they should apply the rules as given to them. Suddenly deciding to void them isn't how the supreme court was set up.

    • > affirms a legal doctrine that doesn't have any basis in the text of the constitution.

      Agreed, but notice that nine of the most highly-educated and qualified legal minds in the country rarely agree what the Constitution means.

      What's Rule of Law if nobody can even know what the law says?

      What's Law and Order if the Order is arbitrary and capricious?

      According to half the IRS agents, you are guilty of a several serious felonies. The other half says you're fine.

      Welcome to the United States of Anxiety.

      It's no

  • by Eunomion ( 8640039 ) on Wednesday February 22, 2023 @12:38PM (#63314703)
    One instant, textual Pharisees of the 2nd Amendment while thousands die horribly in American communities. The next, blindly asserting psychotic totalitarian dogmas about "state secrets", "inherent authority," or "corporate personhood" with no legal basis, simply to affirm the interests of their paymasters or their personal bigotries.

    This is not law. And it is for damn sure not order.
  • Despite the hyperbolic headline they simply didn't choose to hear the case. Happens all the time. Sometimes because it isn't a good example of what the court wants to address and sometimes because they know how they'd have to rule and aren't ready to overturn those carts.

    Another case they recently decided not to hear brought suit against the members of congress who voted against a third of congress calling for additional investigation of the anomalies in the 2020 election. Nothing in the case hinged on anyt

  • by BrendaEM ( 871664 ) on Wednesday February 22, 2023 @04:15PM (#63315701) Homepage
    Everything about the Supreme Court is political.
  • by Frobnicator ( 565869 ) on Wednesday February 22, 2023 @05:08PM (#63315851) Journal

    As normal, the headlines are making huge generalizations that aren't really supported by the details.

    The case was initially dismissed due to standing. That is, even if there is spying going on the people being spied on couldn't show they were actually harmed.

    The fourth circuit agreed almost entirely, except against one of the plaintiffs, the Wikimedia Foundation. That ruling [documentcloud.org] dropped it against 8 of the plaintiffs, but said that the Foundation had a plausible case that might allow them to show they were inured. This included statements that "But accepting the technical rules about the Internet as true, and given that Wikimedia is applying them in an appropriate context (i.e., it uses the rules to explain the technical means through which Upstream surveillance functions), we find this conclusion reasonable and entitled to the presumption of truth.", and that "To put it simply, Wikimedia has plausibly alleged that its communications travel all of the roads that a communication can take, and that the NSA seizes all of the communications along at least one of those roads. Thus, at least at this stage of the litigation, Wikimedia has standing to sue for a violation of the Fourth Amendment." In other words, there was a chance that the Foundation might have been actually harmed, so that potential harm needed to be evaluated.

    That ruling set it back to the trial court, so instead of being 9 plaintiffs v NSA, it was Wikimedia Foundation v NSA.

    Back at the trial court, the government invoked both the issues of standing (that the Foundation wasn't actually harmed) and the state secret's privilege (that digging too deeply into the details might hurt state secrets). The judge ruled again that the Foundation didn't have standing.

    Back to the appeals court for the second time, the appeals court reviewed it. Here is their second ruling" [arstechnica.net]. The ruling agrees that it is likely the NSA is monitoring the connections, so they agree with Wikimedia there. The ruling also agrees with Wikimedia that it is likely continuing, as there is no evidence submitted to the contrary. So they agree with the first and second prongs of Wikimedia's arguments. For the third and final prong of standing, the appeals court wrote that they agree in part. Then they mince words about some grammar in the law, "will acquire" versus "may acquire", for example, and that ultimately Wikimedia almost certainly has standing although there is some potential room for error due to grammar. So ultimately they agree with the Foundation there.

    But then the appeals ruling looks at the state secrets doctrine, and that even though the company has standing to sue, the government has the right to prevent further discovery to force the government to release the documents about how they're doing it. There is about 20 pages of technical, legal reasoning, but ultimately agree that the government can't be forced to release those documents due to state secrets doctrine, and that as a result, they don't have the evidence they need to go forward. It isn't that they were not injured, instead that the Foundation cannot legally force the government to disclose documents about how they were injured.

    The supreme court didn't comment on the case, they didn't actively "snub" like the headline says, they simply didn't accept it to be reviewed on appeal. They only accept a tiny percentage of cases appealed to them, so it's not that surprising.

  • The US Constitution unequivocally grants the federal govt the power to levy "duties, imposts and excises". Necessarily included are powers of inspection to adminster such. The NSA is just operating a modern(?) Customs House. Now, copying and retaining data is a whole separate question of copyright violation.

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