Judge Rules You Can't Sue the NSA for Secretly Spying on You

[Chef Ramsay]

Unless You Prove You're Being Secretly Spied On

Advocates for less government snooping suffered a blow Tuesday when a federal judge in California ruled that a group of citizens can not sue the National Security Agency to stop the "upstream" collection of their data.

US District Judge Jeffrey White ruled that the plaintiffs in the case, Jewel v. NSA, failed to prove that they have the right to sue because they could not prove that their individual information had been collected and prepared for analysis. Further, White wrote, "even if Plaintiffs could establish standing, a potential Fourth Amendment Claim would have to be dismissed on the basis that any possible defenses would require impermissible disclosure of state secret information."

Essentially, because the plaintiffs can't say specifically how their data was collected by the government, this aspect of their case won't go forward. The reason they can't offer specifics is because, even after the Snowden leaks, the exact workings of the NSA surveillance program remain undisclosed. And even if the plaintiffs could show those specifics, the NSA could swat down their suit by claiming that the case would compromise state secrets.

"Upstream" collection refers to the government's admitted practice of copying phone and internet traffic moving through the fiber optic backbone of the internet, trying to filter out purely domestic information, and then searching the remaining traffic for certain keywords, phrases, email addresses, etc.

More...http://www.motherjones.com/politics/2015/02/federal-judge-NSA-surveillance-eff

[grendel25]

Oh really?  Just watch me sue the NSA in complete defiance of that judge.  Judges like that don't matter.  They can't stop Americans.

[Agestorzrxx]

There is no real privacy. We may be watched or listened to at any time. All types of correspondence are subject to review. Expect a visit soon from the Thought Police.

[grendel25]

There is no real privacy. We may be watched or listened to at any time. All types of correspondence are subject to review. Expect a visit soon from the Thought Police.

Everyone needs to treat it that.  Kids need to understand that too.  When they get on their computer, tablet, phone, etc they are opening a portal through which anyone can see what they are doing if they know how to look.

[Lethn]

I think the greatest joke is when people think they can harass and attack others over the internet then they always get a complete shock when they're tracked down and have to face the consequences of their actions. The thing is, it works both ways, the NSA is not this all powerful force that can indiscriminately attack us, especially people in the cryptocurrency community.

[picolo]

There is no real privacy. We may be watched or listened to at any time. All types of correspondence are subject to review. Expect a visit soon from the Thought Police.

Yes but it is easy to protect your privacy by using the correct simple tools that are available and seem sufficient if you don't have anything big to hide.

[rosh]

That judge should get a taste of NSA spying.
Or maybe he already did. 

[ajareselde]

I think the greatest joke is when people think they can harass and attack others over the internet then they always get a complete shock when they're tracked down and have to face the consequences of their actions. The thing is, it works both ways, the NSA is not this all powerful force that can indiscriminately attack us, especially people in the cryptocurrency community.

Just wait and see, crypto comunity is mostly made of financial wannabe's , and it will dissipate if theres nothing for them anymore here.
Noone realy knows to what extent NSA capabilities go to, and what we see in news or read in paper is just a top of the iceberg.

[jaysabi]

"even if Plaintiffs could establish standing, a potential Fourth Amendment Claim would have to be dismissed on the basis that any possible defenses would require impermissible disclosure of state secret information."

Here's the biggest problem. Even if you can prove you're being spied on, a Fourth Amendment claim by a citizen would be dismissed because the mere act of the government defending against such a claim would cause an impermissible disclosure of state secret information. So the court is taking the position that they can't even ask the government to prove they're not doing anything wrong, because national security.

[picolo]

"even if Plaintiffs could establish standing, a potential Fourth Amendment Claim would have to be dismissed on the basis that any possible defenses would require impermissible disclosure of state secret information."

Here's the biggest problem. Even if you can prove you're being spied on, a Fourth Amendment claim by a citizen would be dismissed because the mere act of the government defending against such a claim would cause an impermissible disclosure of state secret information. So the court is taking the position that they can't even ask the government to prove they're not doing anything wrong, because national security.

The federal agencies have many arguments to use when it becomes to hot like saying it's top secret. It works most of the time.

[Swordsoffreedom]

So what the judge is really saying is that it is ok on us to spy on the NSA to prove that we were being spied on
Break through their cyphers and access their database then start a lawsuit 

[picolo]

So what the judge is really saying is that it is ok on us to spy on the NSA to prove that we were being spied on
Break through their cyphers and access their database then start a lawsuit 

I have the feeling it will not easily done.

[ObscureBean]

Of course you can't sue the NSA duh  Spying is their business, that's what they do. They're like kids playing with superpowers, you don't have the heart to take that away from them do you?
Let's all take a deep breath and relax, they're the good guys remember? So what if they find out you have a mistress?? it's all good, give them a break   

[BitMos]

Of course you can't sue the NSA duh  Spying is their business, that's what they do. They're like kids playing with superpowers, you don't have the heart to take that away from them do you?
Let's all take a deep breath and relax, they're the good guys remember? So what if they find out you have a mistress?? it's all good, give them a break   

you are not aware of spy wars, they too can be taken over by foreigners, it's about critical nodes to attack, exploit and pervert, if they are critical enough you can parasite the all organization without the host realizing it... btw they diffuse this data to foreigners... cool. trust is the true victim of the time... had to be expected. 21 century the 0 trust century? Until AI takeover to restore at least rationality. I guess you aren't aware of the concept of proof of work?

[cellard]

Everyone is being spied on by the NSA, until proven otherwise.