4th Circuit: Wikimedia Has Standing to Challenge FISA Sec. 702 Upstream Surveillance

Razer g2s at riseup.net
Thu May 25 07:44:50 PDT 2017

Also see: Three Reasons Why You Should Care About the Fourth Circuit’s
Wikimedia Ruling:

> In a major ruling handed down this morning, the Fourth Circuit has
> reversed a district court ruling from last year and held that
> Wikimedia has Article III standing, at least at the motion to dismiss
> stage, to challenge “upstream” collection under section 702 of the
> Foreign Intelligence Surveillance Act. Judge Diaz wrote the 39-page
> majority opinion (which also affirms that the other plaintiffs lack
> standing); Judge Davis concurred, but wrote separately to suggest that
> the other organizational plaintiffs have also alleged enough to
> establish Article III standing.
> I hope to have more to say later about the analysis and its
> implications, but this is a big deal–and, at first blush, the right
> result, methinks. If left intact, this means we’ll finally have
> meaningful adversarial litigation (outside the context of a motion to
> suppress in a criminal case) over the legality and constitutionality
> of “upstream” collection.

With links:

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