NSA dodges another lawsuit because nobody can prove agency is spying on them

NSA EFF cc

Oh, this seems reasonable. Yeah, what are you doing bringing a lawsuit with such pi in the sky allegations? Prove that the NSA is spying on you.

(From The Verge)

The judge ultimately decided that the case rested on “the subjective fear of surveillance,” noting that the plaintiffs “have not alleged facts that plausibly establish that the NSA is using Upstream surveillance to copy all or substantially all communications passing through those chokepoints.” He added, “In this regard, plaintiffs can only speculate.” Since the 2013 Supreme Court case Clapper v. Amnesty International sided with the NSA on just those same grounds in a 5–4 decision, the US District Court also decided to follow that precedent and dismissed the case.

Unfortunately for privacy advocates, the issue raised by the courts is a tricky one to get around. Since the NSA’s data — short of what’s been leaked by Snowden — is confidential, the government is the only one that could prove whether or not particular data was caught in the program.

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