!! History Commons Alert, Exciting News

January 21, 2010: Judge Dismisses Lawsuit on Behalf of Americans Subjected to Illegal Surveillance

Federal judge Vaughn Walker dismisses Jewel v. NSA, a lawsuit brought by the Electronic Frontier Foundation (EFF) against the National Security Agency and senior Bush administration officials over the administration’s warrantless surveillance program (see September 18, 2008). Walker rules that the privacy harm to millions of Americans from the illegal spying dragnet was not a “particularized injury” but instead a “generalized grievance” because almost everyone in the United States has a phone and Internet service. EFF legal director Cindy Cohn says: “We’re deeply disappointed in the judge’s ruling. This ruling robs innocent telecom customers of their privacy rights without due process of law. Setting limits on executive power is one of the most important elements of America’s system of government, and judicial oversight is a critical part of that.” EFF attorney Kevin Bankston says: “The alarming upshot of the court’s decision is that so long as the government spies on all Americans, the courts have no power to review or halt such mass surveillance even when it is flatly illegal and unconstitutional. With new revelations of illegal spying being reported practically every other week… the need for judicial oversight when it comes to government surveillance has never been clearer.” The EFF indicates it will appeal Walker’s decision. [Electronic Frontier Foundation, 1/21/2010] The Obama administration echoed claims made in previous lawsuits by the Bush administration, invoking the “state secrets” privilege (see Late May, 2006) and supporting previous arguments by the Bush-era Justice Department. The administration even went a step further than its predecessor in arguing that under the Patriot Act, the government can never be sued for illegal wiretapping unless there is “willful disclosure” of the communications. [Klein, 2009, pp. 116-117]

Entity Tags: Obama administration, Bush administration (43), Cindy Cohn, Electronic Frontier Foundation, National Security Agency, Vaughn Walker, Kevin Bankston

Timeline Tags: Civil Liberties

Ordering 

Time period


Email Updates

Receive weekly email updates summarizing what contributors have added to the History Commons database

 
Donate

Developing and maintaining this site is very labor intensive. If you find it useful, please give us a hand and donate what you can.
Donate Now

Volunteer

If you would like to help us with this effort, please contact us. We need help with programming (Java, JDO, mysql, and xml), design, networking, and publicity. If you want to contribute information to this site, click the register link at the top of the page, and start contributing.
Contact Us

Creative Commons License Except where otherwise noted, the textual content of each timeline is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike