The Electronic Frontier Foundation (EFF) this week will challenge the National Security Agency (NSA) in a federal court, where the advocacy group will argue that the agency’s web data collection program is unconstitutional. The hearing will be held on Friday morning in an Oakland court, marking what the EFF calls the first challenge to the NSA’s upstream data collection program in a public court.
In its motion, the EFF argues that the NSA’s program violates the Fourth Amendment by indiscriminately searching and copying web traffic collected from internet cables and nodes. The motion, Jewel v. NSA, was filed in 2008 after a former AT&T employee revealed that the NSA was routing copied internet traffic to a secret room in San Francisco.
The case has since been bolstered by the massive trove of documents leaked by former NSA contractor Edward Snowden.