Risk
10/10/2013
11:07 AM
50%
50%

NSA Lawsuit Proceeding, Despite Government Shutdown

Privacy groups successfully argued that if federal furloughs haven't stopped NSA's call-tracking programs, then related lawsuits shouldn't be delayed.

A lawsuit filed against the National Security Agency challenging the legality of its telephone metadata tracking programs will proceed, despite the furlough of many federal workers.

So ruled San Francisco-based U.S. District Court Judge Jeffrey S. White, quashing a motion from the Department of Justice (DOJ) to stay the case of "First Unitarian Church of Los Angeles vs. NSA." The defendants' motion cited the "lapse of appropriations" -- meaning the partial shutdown of the federal government -- affecting Department of Justice and NSA employees as the reason for why the case should be put on hold, pending Congress resuming full funding for both agencies.

But Judge White disagreed, issuing a one-page order Tuesday that said simply, "All deadlines shall remain as previously set," Politico first reported.

The lawsuit against the NSA centers on the agency's bulk collection of telephone metadata, and was filed by 22 organizations, including the Electronic Frontier Foundation, which is representing the organizations in court.

[ Has NSA surveillance met its match? See NSA Battles Tor: 9 Facts. ]

In a court filing, the EFF had argued against the government's motion to delay the case, noting that the NSA's surveillance apparatus wasn't furloughed. "Notwithstanding the lack of appropriations, defendants are continuing the bulk collection each day of all the telephone calling records of plaintiffs and hundreds of millions of other Americans," according to a court document filed by the EFF. "Department of Justice lawyers continue to work at that task, including preparing the application for a renewal of the current FISA Court telephone calling records bulk collection order, which expires on or about October 17, 2013." The EFF's filing also referenced a DOJ contingency plan showing that 91% of national security employees were exempted from the furlough.

"If it is essential that the spying continue despite the lack of appropriations, then it is equally essential that the question of whether the spying is lawful also go forward," the EFF argued.

The existence of the NSA metadata collection programs, which sport codenames such as Prism and have been in operation since 2006, were revealed this past summer in documents leaked by former NSA contract employee Edward Snowden. According to the EFF, the lawsuit against the NSA "argues that this spying violates the First Amendment, which protects the freedom to associate and express political views as a group."

Organizations joining the lawsuit include church groups, the California Association of Federal Firearms Licensees, multiple state branches of the Council on American-Islamic Relations, Human Rights Watch and the California chapter of the National Organization for the Reform of Marijuana Laws, as well as other privacy rights groups.

Comment  | 
Print  | 
More Insights
Comments
Threaded  |  Newest First  |  Oldest First
Printers: The Weak Link in Enterprise Security
Kelly Sheridan, Associate Editor, Dark Reading,  10/16/2017
20 Questions to Ask Yourself before Giving a Security Conference Talk
Joshua Goldfarb, Co-founder & Chief Product Officer, IDDRA,  10/16/2017
Why Security Leaders Can't Afford to Be Just 'Left-Brained'
Bill Bradley, SVP, Cyber Engineering and Technical Services, CenturyLink,  10/17/2017
Register for Dark Reading Newsletters
White Papers
Video
Cartoon Contest
Current Issue
Security Vulnerabilities: The Next Wave
Just when you thought it was safe, researchers have unveiled a new round of IT security flaws. Is your enterprise ready?
Flash Poll
The State of Ransomware
The State of Ransomware
Ransomware has become one of the most prevalent new cybersecurity threats faced by today's enterprises. This new report from Dark Reading includes feedback from IT and IT security professionals about their organization's ransomware experiences, defense plans, and malware challenges. Find out what they had to say!
Twitter Feed
Dark Reading - Bug Report
Bug Report
Enterprise Vulnerabilities
From DHS/US-CERT's National Vulnerability Database
CVE-2017-0290
Published: 2017-05-09
NScript in mpengine in Microsoft Malware Protection Engine with Engine Version before 1.1.13704.0, as used in Windows Defender and other products, allows remote attackers to execute arbitrary code or cause a denial of service (type confusion and application crash) via crafted JavaScript code within ...

CVE-2016-10369
Published: 2017-05-08
unixsocket.c in lxterminal through 0.3.0 insecurely uses /tmp for a socket file, allowing a local user to cause a denial of service (preventing terminal launch), or possibly have other impact (bypassing terminal access control).

CVE-2016-8202
Published: 2017-05-08
A privilege escalation vulnerability in Brocade Fibre Channel SAN products running Brocade Fabric OS (FOS) releases earlier than v7.4.1d and v8.0.1b could allow an authenticated attacker to elevate the privileges of user accounts accessing the system via command line interface. With affected version...

CVE-2016-8209
Published: 2017-05-08
Improper checks for unusual or exceptional conditions in Brocade NetIron 05.8.00 and later releases up to and including 06.1.00, when the Management Module is continuously scanned on port 22, may allow attackers to cause a denial of service (crash and reload) of the management module.

CVE-2017-0890
Published: 2017-05-08
Nextcloud Server before 11.0.3 is vulnerable to an inadequate escaping leading to a XSS vulnerability in the search module. To be exploitable a user has to write or paste malicious content into the search dialogue.