EFF Fights Destruction of Spying Evidence in Court Wednesday

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Government Claims EFF's Lawsuits Don't Cover Ongoing Surveillance – Raising Fears Key Documents May Have Been Destroyed

UPDATE: Judge White today continued his temporary restraining order in these two cases until a more permanent order could be put in place. The question of whether the government improperly destroyed evidence so far will be briefed over the next several weeks.

San Francisco - The Electronic Frontier Foundation (EFF) will fight disturbing new government claims in an emergency court hearing Wednesday – claims that may imply records documenting ongoing government surveillance have been destroyed despite a judge's order.
Over the last several weeks, EFF has been battling to ensure that evidence of the NSA surveillance program will be preserved as part of its two cases challenging the illegal government spying: Jewel v. NSA and First Unitarian Church of Los Angeles v. NSA. But in a court filing late Monday, the government made shocking new assertions, arguing that its obligation to preserve evidence was limited to aspects of the original Bush-era spying program, which the government contends ended eight years ago with a transition to FISA court orders.
"This argument simply does not make sense. EFF has been demanding an injunction to stop this illegal spying program, regardless of the government's shifting justifications," said EFF Legal Director Cindy Cohn, who will argue in front of U.S. District Court Judge Jeffrey S. White at the hearing Wednesday. "But these government claims aren't just nonsensical – they are extremely worrisome and dangerous. The government is suggesting it may have destroyed years' worth of evidence about its illegal spying, justified by its own secret interpretation of our case. This is about more than just phone records; it's about evidence concerning all of the government's spying. EFF is asking the court for a full accounting of just what is going on here, and it's time for the government to come clean."


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State lawmakers take action in the US as individuals prepare a globalized mobilization against encroaching digital surveillance

Published on Wednesday, February 5, 2014 by Common Dreams

Not Waiting for Feds, 'Fight Back' Against Surveillance Goes Local, Global

- Jon Queally, staff writer

Not content to wait for action at the federal level, those opposed to the ongoing mass surveillance of the NSA and other agencies are speaking out and pushing laws at the state level to ensure privacy rights are protected. (Image: thedaywefightback.org)Concerned about the government's increasing surveillance powers but unimpressed with the congressional response in Washington so far, state lawmakers from both major political parties are now taking it upon themselves to protect the online and communication privacy of their constituents.
Meanwhile, individuals and privacy groups are planning their own grassroots response to mass surveillance, hoping to repeat past victories by harnessing the power of digital communications to ensure they are adequately protected from government overreach.
As the Associated Press reports Wednesday, efforts are now underway "in at least 14 states are a direct message to the federal government: If you don't take action to strengthen privacy, we will."
According to AP:

Republican and Democratic lawmakers have joined in proposing the measures, reflecting the unusual mix of political partnerships that have arisen since the NSA revelations that began in May. Establishment leadership has generally favored the programs, while conservative limited government advocates and liberal privacy supporters have opposed them.
Supporters say the measures are needed because technology has grown to the point that police can digitally track someone's every move.
Devices such as license plate readers and cellphone trackers "can tell whether you stayed in a motel that specializes in hourly rates, or you stopped at tavern that has nude dancers," said David Fidanque, director of the American Civil Liberties Union of Oregon.
"It's one thing to know you haven't violated the law, but it's another thing to know you haven't had every one of your moves tracked," he said.

Next week, on February 11, privacy advocates and online freedom groups are mobilizing against NSA and other government surveillance in a day of action they've dubbed 'The Day We Fight Back.'
According to Katitza Rodriguez at the Electronic Frontier Foundation, one of the groups organizing the action, those participating will be demanding "an end to mass surveillance in every country, by every state, regardless of boundaries or politics."
Galvanized by what they see as 13 Principles of internet and communication freedoms, activists will use the day to call attention to those goals, lobby on their behalf with their representatives, and declare an end to the encroaching, unaccountable, and unregulated surveillance apparatus.
"The Principles spellout just why mass surveillance is a violation of human rights," explained Rodriguez, and they "give sympathetic lawmakers and judges a list of fixes they could apply to the lawless Internet spooks. On the day we fight back, we want the world to sign onto those principles. We want politicians to pledge to uphold them. We want the world to see we care."

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