Wikimedia Foundation v. NSA

Wikimedia Foundation v. NSA
CourtUnited States District Court for the District of Maryland
Full case nameWikimedia Foundation, et al. v. National Security Agency, et al.
DefendantsNational Security Agency / Central Security Service, United States Department of Justice, Adm. Michael S. Rogers in his official capacity as Director of the National Security Agency and Chief of the Central Security Service, Office of the Director of National Intelligence, Daniel R. Coats in his official capacity as Director of National Intelligence, and Jefferson B. Sessions III in his official capacity as Attorney General of the United States
Counsel for plaintiffsAmerican Civil Liberties Union, Cooley LLP
PlaintiffsWikimedia Foundation, National Association of Criminal Defense Lawyers, Human Rights Watch, Amnesty International USA, PEN American Center, Global Fund for Women, The Nation, Rutherford Institute, Washington Office on Latin America
CitationNo. 15-2560
Case history
Prior actionsDismissal of all plaintiffs' complaints by the US District Court for the District of Maryland. Dismissal appealed by the Wikimedia Foundation
Affirmation of dismissal of 8 of the 9 plaintiffs' complaints (Wikimedia excluded) by US Court of Appeals for the Fourth Circuit
Dismissal of Wikimedia Foundation's allegations concurrently vacated and remanded
Subsequent actionsDismissal of the Wikimedia Foundation's allegations
Certiorari denied
Court membership
Judge sittingT. S. Ellis III[1]

Wikimedia Foundation, et al. v. National Security Agency, et al. was a lawsuit filed by the American Civil Liberties Union (ACLU) on behalf of the Wikimedia Foundation and several other organizations against the National Security Agency (NSA), the United States Department of Justice (DOJ), and other named individuals, alleging mass surveillance of Wikipedia users carried out by the NSA.[2][3][4] The suit claims the surveillance system, which NSA calls "Upstream", breaches the First Amendment to the United States Constitution, which protects freedom of speech, and the Fourth Amendment to the United States Constitution, which prohibits unreasonable searches and seizures.[5]

The suit was filed in the United States District Court for the District of Maryland as the NSA is based in Fort Meade, Maryland.[6] The suit was dismissed in October 2015 by Judge T. S. Ellis III; this decision was appealed four months later to the Fourth Circuit Court of Appeals by the Wikimedia Foundation.[7] The Court of Appeals found that the dismissal was valid for all of the plaintiffs except the Foundation, whose allegations the court found "plausible" enough to have legal standing for the case to be remanded to the lower court.[8]

In further rulings, the District Court, Court of Appeals, and U.S. Supreme Court (in declining to hear the case and invoking the state secrets privilege), ruled for the NSA, ending the litigation.[9]

  1. ^ "Wikimedia v. NSA - D. Md. Opinion | American Civil Liberties Union". Aclu.org. American Civil Liberties Union. Retrieved October 26, 2015.
  2. ^ "Wikimedia v. NSA: Challenge to Mass Surveillance Under the FISA Amendments Act". aclu.org. American Civil Liberties Union.
  3. ^ Paulson, Michelle (March 10, 2015). "Wikimedia v. NSA: Wikimedia Foundation files suit against the NSA to challenge Upstream mass surveillance". Wikimedia Foundation. Retrieved March 10, 2015.
  4. ^ Wales, Jimmy; Tretikov, Lila (March 10, 2015). "Stop Spying on Wikipedia Users". New York Times. Retrieved March 10, 2015.
  5. ^ Cite error: The named reference reut_ACLU was invoked but never defined (see the help page).
  6. ^ David Ingram, NSA sued by Wikimedia, rights groups over mass surveillance, Reuters (March 10, 2015).
  7. ^ Cite error: The named reference savage was invoked but never defined (see the help page).
  8. ^ Cite error: The named reference nelson was invoked but never defined (see the help page).
  9. ^ Cite error: The named reference U.S. Supreme Court snubs Wikipedia was invoked but never defined (see the help page).

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