Wikimedia Can’t Challenge NSA’s Upstream Surveillance Program

Dec. 17, 2019, 4:57 PM

Wikimedia Foundation doesn’t have standing to challenge the National Security Agency’s “Upstream” surveillance program as unlawful under the U.S. Constitution, a Maryland federal court said.

Wikimedia couldn’t show that the agency is clearly collecting at least some of Wikimedia’s communications under an Upstream monitoring method the agency acknowledged using, Judge T.S. Ellis III, of the U.S. District Court for the District of Maryland, said in a decision to dismiss the suit.

The court also said the state secrets doctrine prevents litigating the case to the extent there are facts in dispute as to whether the NSA could collect communications using ...

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