If You Can't Sue The Feds For Spying, Sue Them For Lying About Spying
from the again-and-again dept
There have been numerous attempts by various parties (including, in a few cases, the EFF) to sue the US government concerning various aspects of its warrantless spying on Americans. Pretty much all of these cases end up failing, often for reasons that are suspect. However, it appears that the EFF is going to try again. As you may recall, back in July, the feds admitted to Senator Wyden that their own analysis discovered that they had violated the 4th Amendment on occasion in carrying out surveillance under the FISA Amendments Act.
In response to this, the EFF filed Freedom of Information Act requests, asking for documents concerning the situation in which such searches were deemed unreasonable under the 4th Amendment. The feds more or less ignored the FOIA request. So the EFF is suing for violations under the FOIA. It may not be as sexy as suing about the actual spying, but that path has already been shut down plenty of times. I’d guess that this approach won’t succeed either (though I hope it does!). But, at the very least, hopefully it can call some attention to the massive secrecy by the feds as Congress gets ready to re-approve the FISA Amendments Act without bothering to understand how it’s being used.