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What Mark Klein revealed is the backbone for the case - the plaintiffs in Jewel v. NSA are claiming that they have standing because they are AT&T customers. He
by csandreasen 12y ago
What Mark Klein revealed is the backbone for the case - the plaintiffs in Jewel v. NSA are claiming that they have standing because they are AT&T customers. Here is their argument[1]:
"First, the government unconstitutionally seizes plaintiffs’ Internet communications. Technology at plaintiffs’ Internet service provider, AT&T, automatically creates and delivers to the government a copy of plaintiffs’ online activities, along with those of millions of other innocent Americans—including email, live chat, reading and interacting with websites, Internet searching, and social networking.
Second, the government unconstitutionally searches the content of much of the communications stream it has seized. The government admits that it searches the content of the online communications that it has seized if it believes there is some indication that the origin or destination of the communication is outside the United States."
As I scroll through the statement of facts, I see Mark Klein's testimony, the PCLOB 702 report and Barton Gellman's article from earlier this month cited. Klein's testimony is key to this case because that's how the EFF is establishing that the plaintiffs have standing.
> The NSA is not capturing only traffic between Russia and Venezuela or only traffic that crosses a national border.
The EFF itself is saying right in their article and court filing[2] that the NSA is discarding purely domestic traffic.
> They are sitting on the links into Google's data centers. Google is a domestic entity. So either they're sitting on a link and then filtering out 100% of the traffic (which is preposterous) or they're sitting on a link where 100% of the traffic goes to and from a domestic entity and not filtering it out.
There is absolutely no evidence of this. I assume you're making a reference to the Barton Gellman's MUSCULAR reporting[3], which claimed that the NSA was making use of GCHQ's tapping of international fiber to scan Google's unencrypted international communications for their targets.
[1] https://www.eff.org/document/plaintiffs-jewel-knutzen-and-waltons-motion-partial-summary-judgment https://www.eff.org/document/plaintiffs-jewel-knutzen-and-wa... (see page 7)
[2] Same as above, page 10
[3] http://www.washingtonpost.com/blogs/the-switch/wp/2013/11/04/how-we-know-the-nsa-had-access-to-internal-google-and-yahoo-cloud-data/ http://www.washingtonpost.com/blogs/the-switch/wp/2013/11/04...