The Wikimedia Foundation has the right to sue the National Security Agency over its use of warrantless surveillance tools, a federal appeals court ruled. “A district judge shot down Wikimedia’s case in 2015, saying the group hadn’t proved the NSA was actually illegally spying on its communications,” reports Engadget. “In this case, proof was a tall order, considering information about the targeted surveillance system, Upstream, remains classified.” From the report: The appeals court today ruled Wikimedia presented sufficient evidence that the NSA was in fact monitoring its communications, even if inadvertently. The Upstream system regularly tracks the physical backbone of the internet — the cables and routers that actually transmit our emoji. With the help of telecom providers, the NSA then intercepts specific messages that contain “selectors,” email addresses or other contact information for international targets under U.S. surveillance. “To put it simply, Wikimedia has plausibly alleged that its communications travel all of the roads that a communication can take, and that the NSA seizes all of the communications along at least one of those roads,” the appeals court writes. “Thus, at least at this stage of the litigation, Wikimedia has standing to sue for a violation of the Fourth Amendment. And, because Wikimedia has self-censored its speech and sometimes forgone electronic communications in response to Upstream surveillance, it also has standing to sue for a violation of the First Amendment.”
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