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/
[ <https://blog.wikimedia.org/2015/03/10/wikimedia-v-nsa/>4]
https://blog.wikimedia.org/2015/10/23/wikimedia-v-nsa-lawsuit-dismissal/
[ <https://blog.wikimedia.org/2015/03/10/wikimedia-v-nsa/>5]
<https://blog.wikimedia.org/2015/03/10/wikimedia-v-nsa/>
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…
[
<https://en.wikipedia.org/wiki/United_States_Court_of_Appeals_for_the_Fourth_Circuit>
7]
<https://en.wikipedia.org/wiki/United_States_Court_of_Appeals_for_the_Fourth_Circuit>
https://www.aclu.org/sites/default/files/field_document/73._4th_cir_opinion…
[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/
[11]
https://policy.wikimedia.org/stopsurveillance/
--
James Buatti
Legal Counsel
Wikimedia Foundation
149 New Montgomery Street, 3rd Floor
San Francisco, CA 94105
Jbuatti(a)wikimedia.org
NOTICE: This message might have confidential or legally privileged
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