Excerpts from the Lawsuit of Wikipedia against the NSA
UNITED STATES DISTRICT COURT DISTRICT OF MARYLAND
Plaintiff Wikimedia Foundation communicates with the hundreds of millions of individuals who visit Wikipedia webpages to read or contribute to the vast repository of human knowledge that Wikimedia maintains online. The ability to exchange information in confidence, free from warrantless government monitoring, is essential to each of the Plaintiffs’ work. The challenged surveillance violates Plaintiffs’ privacy and underminestheir ability to carry out activities crucial to their missions. Plaintiffs respectfully request that the Court declare the government’s Upstream surveillance to be unlawful; enjoin the government from continuing to conduct Upstream surveillance of Plaintiffs’ communications; and require the government to purge from its databases all of Plaintiffs’ communications that Upstream surveillance has already allowed the government to obtain….
The government conducts at least two kinds of surveillance under the The Foreign Intelligence Surveillance Amendments Act of 2008 (FAA). Under a program called “PRISM,” the government obtains stored and real-time communications directly from U.S. companies—such as Google, Yahoo, Facebook, and Microsoft—that provide communications services to targeted accounts.
This case concerns a second form of surveillance, called Upstream. Upstream surveillance involves the NSA’s seizing and searching the internet communications of U.S. citizens and residents en masse as those communications travel across the internet “backbone” in the United States. The internet backbone is the network of high-capacity cables, switches, and routers that facilitates both domestic and international communication via the internet. The NSA conducts Upstream surveillance by connecting surveillance devices to multiple major internet cables, switches, and routers inside the United States. These access points are controlled by the country’s largest telecommunications providers, including Verizon Communications, Inc. and AT&T, Inc. ….
. With the assistance of telecommunications providers, the NSA intercepts a wide variety of internet communications, including emails, instant messages, webpages, voice calls, and video chats. It copies and reviews substantially all international emails and other “text-based” communications—i.e., those whose content includes searchable text.
More specifically, Upstream surveillance encompasses the following processes, some of which are implemented by telecommunications providers acting at the NSA’s direction:
• Copying. Using surveillance devices installed at key access points, the NSA makes a copy of substantially all international text-based communications—and many domestic ones—flowing across certain high-capacity cables, switches, and routers. The copied traffic includes email, internet-messaging communications, web-browsing content, and search-engine queries.
• Filtering. The NSA attempts to filter out and discard some wholly domestic communications from the stream of internet data, while preserving international communications. The NSA’s filtering out of domestic communications is incomplete, however, for multiple reasons. Among them, the NSA does not eliminate bundles of domestic and international communications that transit the internet backbone together. Nor does it eliminate domestic communications that happen to be routed abroad.
• Content Review. The NSA reviews the copied communications—including their full content—for instances of its search terms. The search terms, called “selectors,” include email addresses, phone numbers, internet protocol (“IP”) addresses, and other identifiers that NSA analysts believe to be associated with foreign intelligence targets. Again, the NSA’s targets are not limited to suspected foreign agents and terrorists, nor are its selectors limited to individual email addresses. The NSA may monitor or “task” selectors used by large groups of people who are not suspected of any wrongdoing— such as the IP addresses of computer servers used by hundreds of different people.
• Retention and Use. The NSA retains all communications that contain selectors associated with its targets, as well as those that happened to be bundled with them in transit….
, NSA analysts may read, query, data-mine, and analyze these communications with few restrictions, and they may share the results of those efforts with the FBI, including in aid of criminal investigations….. In other words, the NSA copies and reviews the communications of millions of innocent people to determine whether they are discussing or reading anything containing the NSA’s search terms. The NSA’s practice of reviewing the content of communications for selectors is sometimes called “about” surveillance. This is because its purpose is to identify not just communications that are to or from the NSA’s targets but also those that are merely “about” its targets. Although it could do so, the government makes no meaningful effort to avoid the interception of communications that are merely “about” its targets; nor does it later purge those communications.