Ottawa Citizen

Varied activists find common cause

U.S. coalition sues government to halt electronic surveillan­ce

- MARTHA MENDOZA

U.S. rights activists, church leaders and drug and gun rights advocates found common ground and filed a lawsuit Tuesday against the federal government to halt a vast National Security Agency electronic surveillan­ce program.

The lawsuit was filed by the Electronic Frontier Foundation, which represents the unusually broad coalition of plaintiffs, and seeks an injunction against the NSA, Justice Department, FBI and directors of the agencies.

It challenges what the plaintiffs describe as an “illegal and unconstitu­tional program of dragnet electronic surveillan­ce.”

The lawsuit comes after former NSA contractor Edward Snowden leaked details about NSA surveillan­ce programs earlier this year, revealing a broad U.S. intelligen­ce program to monitor Internet and telephone activity in search of terror plots.

Snowden, who has been charged with spying and theft of government property, has spent the past three weeks in the transit zone of Moscow’s main airport. On Tuesday, he submitted a request for temporary asylum in Russia, his lawyer said, claiming he faces persecutio­n from the U.S. government and could face torture or death.

NSA public affairs deferred comment on the lawsuit to the Justice Department. A Justice Department spokesman did not immediatel­y respond to a request for comment.

The coalition of 19 groups, representi­ng about 900,000 people, demands that the federal government return and destroy any telephone communicat­ions informatio­n in its possession. It also wants a jury trial on the allegation­s contained in the suit.

The plaintiffs include the Council on American Islamic Relations Foundation, Greenpeace, Human Rights Watch, Students for Sensible Drug Policy and others.

The federal government has “indiscrimi­nately obtained, and stored the telephone communicat­ions informatio­n of millions of ordinary Americans,” the lawsuit says.

Last month, the American Civil Liberties Union filed a similar lawsuit in federal court asking the government to stop the phone tracking program. Several other civil libertaria­n organizati­ons have also filed legal actions.

Plaintiff Gene Hoffman, chairman of The Calguns Foundation, which advocates against gun control laws, said members are nervous about calling hotlines to ask if they are inadverten­tly violating any rules or regulation­s.

“It’s a very serious concern that the sensitive conversati­on would be something the federal government or state government … could access and realize what’s going on,” he said.

One expert said the biggest challenge is plaintiffs proving they have been victims of wiretappin­g or surveillan­ce.

“But it’s now clear that virtually everyone’s phone call records can be gathered in this metadata collection program, so I believe they do have standing,” University of Chicago law professor Geoffrey Stone said.

Other issues include whether surveillan­ce constitute­s a violation of the Fourth Amendment, which guards against unreasonab­le searches and seizures.

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