Wikipedia, the online encyclopedia and one of the most highly-trafficked websites in the world, announced Tuesday that it—alongside a host of civil liberty advocates, news outlets, and privacy rights organizations—has filed a lawsuit against the National Security Agency for violating the constitutional rights of its users by performing bulk surveillance and searching, without specific cause or warrant, the international Internet communications of all Americans including emails, web-browsing content, and search-engine queries.
The lawsuit, named as Wikimedia v. NSA, was filed by the ACLU on Tuesday. In addition to the Wikimedia Foundation (of which Wikipedia is a part), the other plaintiffs include: the conservative Rutherford Institute, The Nation magazine, Amnesty International USA, PEN American Center, Human Rights Watch, the National Association of Criminal Defense Lawyers, Global Fund for Women, and Washington Office on Latin America.
Filed in federal court in Maryland where the NSA is headquartered, the lawsuit (pdf) argues that the NSA is violating the plaintiffs’ privacy rights under the Fourth Amendment and infringing on their First Amendment rights. The complaint also argues that what is called “upstream surveillance”—mass surveillance on all communications that pass through certain “backbone” structures of the network—exceeds the authority granted by Congress under the FISA Amendments Act.
The complaint reads, in part:
“By tapping the backbone of the Internet, the NSA is straining the backbone of democracy,” said Lila Tretikov, executive director of the Wikimedia Foundation. “Wikipedia is founded on the freedoms of expression, inquiry, and information. By violating our users’ privacy, the NSA is threatening the intellectual freedom that is a central to people’s ability to create and understand knowledge.”
Largely exposed to the general public through internal NSA documents leaked by whistleblower Edward Snowden and a steady stream of investigative reporting based on his disclosures, the groups object to how the NSA copies and combs through vast amounts of Internet traffic, which it intercepts inside the United States with the help of major telecommunications companies. According to the ACLU, the surveillance involves the NSA’s warrantless review of the emails and Internet activities of millions of ordinary Americans.
“This kind of dragnet surveillance constitutes a massive invasion of privacy, and it undermines the freedoms of expression and inquiry as well,” said ACLU staff attorney Patrick Toomey. “Ordinary Americans shouldn’t have to worry that the government is looking over their shoulders when they use the Internet.”
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