Next week, SCOTUS decides whether to take up Wikimedia Foundation v. NSA, a case that raises a narrow but vital question for surveillance & the rule of law. If taken up, there will be lasting implications for independent oversight of the NSA, CIA, & FBI.
is sometimes necessary in our nation’s surveillance programs. Unfortunately, I also saw that claims of secrecy can be used by our intelligence agencies to spy on Americans without warrants and in violation of the Constitution.programs continue to expand and vacuum up people’s most sensitive personal information, our system for ensuring oversight is badly out of balance, especially in our courts. Now, the Supreme Court has a rare chance to redress this imbalance.
To conduct this surveillance, the NSA intercepts communications in bulk while they are in transit and then searches their contents for those associated with hundreds of thousands of foreign “targets.” These targets, chosen by intelligence analysts, can include journalists, lawyers, scientists, and businesspeople abroad.
While upstream surveillance is controversial, it is no secret. In the past decade, the government itself has publicly disclosed a great deal of information about this surveillance. That includes opinions issued by the secret FISA Court, an exhaustive study by the Privacy and Civil Liberties Oversight Board, and reports released by the director of National Intelligence.
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