OTI and CDT File Amicus Brief Regarding Bulk Surveillance Disclosures

Last week, New America’s Open Technology Institute joined the Center for Democracy and Technology in filing an amicus brief in the Ninth Circuit Court of Appeals in the case of Jewel v. National Security Agency in support of the class of plaintiffs. Jewel is a decade-old court case accusing the U.S. government of conducting illegal ubiquitous and untargeted surveillance of American citizens. The government has sought to block the court from hearing the case by asserting that the plaintiffs “lack standing”⁠—meaning that they cannot prove they have been subject to the surveillance they challenge—and that the state secrets doctrine prevents the court from hearing the case. This is the third time that the plaintiffs have appealed to the Ninth Circuit in this ongoing litigation.

The brief filed by CDT and OTI relies on recent research commissioned by CDT, which shows that the type of evidence the government is seeking to forbid the court from hearing is very similar to information that many European friends and allies are comfortable revealing in court cases, before oversight bodies, and during the legislative processes. The brief shows that this type of evidence is clearly releasable without endangering national security.

The following quote can be attributed to Ross Schulman, senior counsel and senior policy technologist at New America’s Open Technology Institute:

“This analysis of European intelligence oversight practices clearly shows that there is room for public discussion of intelligence gathering practices without threatening national security. There is no reason why the District Court in California can’t hear the necessary evidence to allow the case to proceed. OTI encourages the Ninth Circuit to order the court to move forward with this decade-old case.”