Split 4th Circ. Affirms Toss Of Suit Over NSA Internet Spying

By Hailey Konnath (September 15, 2021, 9:59 PM EDT) -- A split Fourth Circuit panel on Wednesday refused to revive a long-running challenge to the NSA's controversial "upstream" collection of internet communications, finding that Wikimedia can't continue to litigate the case without risking revealing privileged government information.

In a 55-page majority opinion, U.S. Circuit judges Albert Diaz and Allison Jones Rushing said a Maryland federal judge had wrongly held that Wikimedia lacked standing. However, the judge was correct in finding that further litigation would unjustifiably risk the disclosure of state secrets.

"Wikimedia claims that the NSA is acquiring all communications on a chokepoint cable that it is monitoring," the majority said....

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