EFF Sues DOJ for Illegal Surveillance Info

They demand answers on e-mail and phone call spying

Washington, D.C.—The Electronic Frontier Foundation (EFF) sued the Department of Justice (DOJ) today, demanding answers about illegal email and telephone call surveillance at the National Security Agency (NSA).

The FISA Amendments Act (FAA) of 2008 gave the NSA expansive power to spy on Americans' international email and telephone calls. 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. The government further disclosed that the FISC had determined the government's surveillance violated the spirit of the law on at least one occasion, as well. EFF's Freedom of Information Act (FOIA) lawsuit seeks disclosure of any written opinions or orders from FISC discussing illegal government surveillance, as well as any briefings to Congress about those violations.

"For years we've seen news reports in the New York Times and other outlets about widespread government spying going beyond the broad powers granted in the FAA, but we've yet to get any real answers about what is going on," said EFF Open Government Legal Fellow Mark Rumold. "When law-breaking is allowed to remain secret, there's no accountability or way to monitor future abuses. It's time for the government to come clean and tell us about the NSA's unconstitutional actions."