Hello everybody,

You may have seen this on Wikimedia-l or in news reports today, but we’re very pleased to bring you an update in Wikimedia Foundation v. National Security Agency,[1] our challenge to the U.S. National Security Agency’s “Upstream”[2] mass surveillance practices. In March 2015 when we filed[3] this lawsuit, we did so to protect the privacy and free expression rights of Wikimedia readers, editors, and contributors. The U.S. government moved to dismiss the case, and in October 2015, the District Court granted that motion.[4] Soon after, we appealed[5] to the U.S. Fourth Circuit Court of Appeals.[6]    

This morning, the Fourth Circuit ruled that the Wikimedia Foundation can proceed with the suit. The opinion[7] partially vacated and remanded the District Court ruling, which found that the Wikimedia Foundation and our eight co-plaintiffs lacked standing[8] to bring the case. The Fourth Circuit panel vacated this ruling as it applied to the Wikimedia Foundation. Ultimately, the decision was split, 2-1; two of the judges held that we have established standing, although the other plaintiffs have not. The final judge would have found standing for all the plaintiffs. This means our case can proceed, but not with the other plaintiffs.

This ruling is an important step in the ongoing fight against government mass surveillance, and a victory for the privacy and free expression rights of Wikimedia users. We are carefully reviewing the decision, along with our co-plaintiffs and counsel at the American Civil Liberties Union (ACLU)[9] to identify next steps for our case. We will keep you posted on the next steps.

For more information, please see today’s blog about the case,[10] as well as our Wikimedia Foundation v. NSA resource page.[11]

Best,

Jim Buatti

Legal Counsel

[1] https://policy.wikimedia.org/stopsurveillance/

[2] https://en.wikipedia.org/wiki/Upstream_collection

[3] https://blog.wikimedia.org/2015/03/10/wikimedia-v-nsa/

[4] https://blog.wikimedia.org/2015/10/23/wikimedia-v-nsa-lawsuit-dismissal/

[5] https://blog.wikimedia.org/2016/02/17/wikimedia-nsa-appeal-filed/

[6] https://en.wikipedia.org/wiki/United_States_Court_of_Appeals_for_the_Fourth_Circuit

[7] https://www.aclu.org/sites/default/files/field_document/73._4th_cir_opinion_5.23.2017.pdf

[8] https://en.wikipedia.org/wiki/Standing_(law)

[9] https://en.wikipedia.org/wiki/American_Civil_Liberties_Union

[10] https://blog.wikimedia.org/2017/05/23/wikimedia-nsa-appeal-standing/