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EFF Wins Battle Over Secret Legal Opinions On Government Spying

The Electronic Frontier Foundation (EFF) has won its four-year Freedom of Information Act lawsuit over secret legal interpretations of a controversial section of the Patriot Act, including legal analysis of law enforcement and intelligence agency access to census records.

The U.S. Department of Justice on Thursday filed a motion to dismiss its appeal of a ruling over legal opinions about Section 215 of the Patriot Act, the controversial provision of law relied on by the NSA to collect the call records of millions of Americans. As a result of the dismissal, the Justice Department will be forced to release a previously undisclosed opinion from the Office of Legal Counsel (OLC) concerning access by law enforcement and intelligence agencies to census data under Section 215.

"The public trusts that information disclosed for the census won't wind up in the hands of law enforcement or intelligence agencies," Staff Attorney Mark Rumold said. "The public has a right to know what the Office of Legal Counsel's conclusions were on this topic, and we're happy to have vindicated that important right."

In October 2011 - the 10th anniversary of the signing of USA Patriot Act - EFF sued the Justice Department to gain access to all "secret interpretations" of Section 215. At earlier stages in the litigation, the Justice Department had refused to publicly disclose even the number of documents that were at issue in the case, claiming the information was classified.

In June 2013, the lawsuit took a dramatic turn after The Guardian published an order from the Foreign Intelligence Surveillance Court authorizing the bulk collection of call records data of Verizon customers. That disclosure helped EFF secure the release of hundreds of pages of legal opinions, including multiple opinions of the Foreign Intelligence Surveillance Court excoriating the NSA for disregarding the court's orders.

However, the Justice Department continued to fight for secrecy for the legal opinion over access to census data under Section 215. Last August, a federal district court judge ordered the government to disclose the OLC opinion.

"The Justice Department has made a wise decision in dismissing the appeal," Rumold said. "We filed this suit nearly four years ago to inform the public about the way the government was using Section 215. We're well overdue to have a fully informed, public debate about this provision of law, and hopefully the disclosure of this opinion will help move the public debate forward."

Although the motion for dismissal was filed today, the government has not provided EFF with the opinion. After receiving the document, EFF will also make it available through its website.

For more information on the case visit: https://www.eff.org/foia/section-215-usa-patriot-act.

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Previously:
* The NSA's "U.S. Corporate Partners."

* I Fight Surveillance.

* Illegal Spying Below.

* Smith vs. Obama.

* EFF Sues NSA Over FOIA.

* Stand Against Spying.

* The NSA Revelations All In One Chart.

* U.S. Supreme Court Limits Cell Phone Searches.

* EFF To Court: There's No Doubt The Government Destroyed NSA Spying Evidence.

* House Committee Puts NSA On Notice Over Encryption Standards.

* Which Tech Companies Help Protect You From Government Data Demands?

* Lawsuit Demands DOJ Release More Secret Surveillance Court Rulings.

* Human Rights Organizations To Foreign Ministers: Stop Spying On Us.

* What The Proposed NSA Reforms Wouldn't Do.

* Technologists Turn On Obama.

* Dear Supreme Court: Set Limits On Cell Phone Searches.

* EFF Fights National Security Letter Demands On Behalf Of Telecom, Internet Company.

* Eighth-Grader Schools The NSA.

* You Know Who Else Collected Metadata? The Stasi.

* Today We Fight Back.

* The Day We Fight Back.

* FAQ: The NSA's Angry Birds.

* Jon Stewart: The Old Hope-A-Dope.

* Four Blatantly False Claims Obama Has Made About NSA Surveillance.

* EFF To DOJ In Lawsuit: Stop Pretending Information Revealed About NSA Over Last Seven Months Is Still A Secret.

* Judge On NSA Case Cites 9/11 Report, But It Doesn't Actually Support His Ruling.

* Edward Snowden's Christmas Message.

* Jon Stewart: Obama Totally Lying About NSA Spying.

* Presidential Panel To NSA: Stop Undermining Encryption.

* The NSA Is Coming To Town.

* 60 Minutes We Can't Get Back.

* Why Care About The NSA?

* NSA Surveillance Drives Writers To Self-Censor.

* Filed: 22 Firsthand Accounts Of How NSA Surveillance Chilled The Right To Association.

* Claim On 'Attacks Thwarted' By NSA Spreads Despite Lack Of Evidence.

* Obama Vs. The World.

* How A Telecom Helped The Government Spy On Me.

* UN Member States Asked To End Unchecked Surveillance.

* Government Standards Agency: Don't Follow Our Encryption Guidelines Because NSA.

* Five More Organizations Join Lawsuit Against NSA.

* A Scandal Of Historic Proportions.

* Item: NSA Briefing.

* The Case Of The Missing NSA Blog Post.

* The NSA Is Out Of Control.

* Patriot Act Author Joins Lawsuit Against NSA.

* Obama's Promises Disappear From Web.

* Why NSA Snooping Is A Bigger Deal In Germany.

* Item: Today's NSA Briefing.

* NSA Briefing: It Just Got Worse (Again).

* Song of the Moment: Party at the NSA.

* It Not Only Can Happen Here, It Is Happening Here.

* What NSA Transparency Looks Like.

* America's Lying About Spying: Worse Than You Think.

* Obama Continues To Lie His Ass Off About The NSA.

* The Surveillance Reforms Obama Supported Before He Was President.

* America's Spying: Worse Than You Think.

* Has The U.S. Government Lied About Its Snooping? Let's Go To The Videotape.

* Who Are We At War With? That's Classified.

* Six Ways Congress May Reform NSA Snooping.

* NSA Says It Can't Search Its Own E-Mails.

* Does The NSA Tap That?

* Obama Explains The Difference Between His Spying And Bush's Spying.

* FAQ: What You Need To Know About The NSA's Surveillance Programs.

* NSA: Responding To This FOIA Would Help "Our Adversaries".

* Fact-Check: The NSA And 9/11.

* The NSA's Black Hole: 5 Things We Still Don't Know About The Agency's Snooping.

* Defenders Of NSA Surveillance Citing Chicago Case Omit Most Of Mumbai Plotter's Story.

* Obama's War On Truth And Transparency.

* ProPublica's Guide To The Best Stories On The Growing Surveillance State.

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See also:
* Jimmy Carter: America's Shameful Human Rights Record.

* James Goodale: Only Nixon Harmed A Free Press More.

* Daniel Ellsberg: Obama Has Committed Impeachable Offenses.

* Paul Steiger: Why Reporters In The U.S. Now Need Protection.

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Comments welcome.



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Posted on January 30, 2015


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