News & Information for Technology Purchasers NewsFactor Sites:       NewsFactor.com     Enterprise Security Today     CRM Daily     Business Report     Sci-Tech Today  
   
Home Enterprise I.T. Cloud Computing Applications Hardware More Topics...
GET RECOGNIZED
Let an ISACA® certification elevate your career.
Register today and save
You are here: Home / Cloud Computing / Warrantless Bulk Surveillance Legal
DDoS Protection Powered By Verisign
Judge: Warrantless Bulk Surveillance Is Legal
Judge: Warrantless Bulk Surveillance Is Legal
By Nigel Duara Like this on Facebook Tweet this Link thison Linkedin Link this on Google Plus
PUBLISHED:
JUNE
26
2014


A federal judge has affirmed the legality of the U.S. government's bulk collection of phone and email data from foreign nationals living outside the country -- including their contact with U.S. citizens -- in denying a man's motion to dismiss his terrorism conviction.

It was the first legal challenge to the government's bulk data-collection program of non-U.S. citizens living overseas after revelations about massive, warrantless surveillance were made public by former National Security Agency employee Edward Snowden.

The program also sweeps up information about U.S. citizens who have contact with overseas suspects. This type of surveillance played a key role in this case.

Lawyers for Mohamed Mohamud, a U.S. citizen who lived in Oregon, tried to show the program violated his constitutional rights and was more broadly unconstitutional. U.S. District Judge Garr King on Tuesday denied that effort.

The ruling also upheld Mohamud's conviction on terrorism charges. In his decision, King rejected the argument from Mohamud's attorneys that prosecutors failed to notify Mohamud of information derived under the U.S. Foreign Intelligence Surveillance Act until he was already convicted.

Suppressing the evidence collected "and a new trial would put defendant in the same position he would have been in if the government notified him of the (surveillance) at the start of the case," King wrote. "Dismissal is not warranted here."

Mohamud's attorneys argued that such a failure withheld important information from the defense team.

Mohamud was convicted last year of attempting to detonate a bomb at Portland's Christmas tree-lighting ceremony in 2010. The purported plot was actually an FBI sting, and the bomb was a fake.

The bulk data collection under FISA permits the U.S. government to sweep up information regarding foreign nationals "reasonably believed" to be outside the U.S. But it also includes the incidental collection of data from U.S. citizens communicating with people in other countries.

That was the case with Mohamud, whose email communications with two terror suspects were used as evidence at his trial.

Both of those men, U.S. citizens Anwar al-Awlaki and Samir Khan, were killed in drone strikes in 2011. The federal government classified the men as enemy combatants. On Monday, a federal court released the Justice Department memo justifying their killings.

Mohamud also communicated with a friend who was believed to have traveled to Pakistan to attend a terrorist training camp, according to evidence presented at the trial.

Other potential challenges to foreign surveillance watched the Portland case closely, said Electronic Frontier Foundation staff attorney Hanni Fakhoury, including a pending challenge in Colorado. (continued...)

1  |  2  |  Next Page >



© 2014 Associated Press under contract with NewsEdge. All rights reserved.
 

Tell Us What You Think
Comment:

Name:

Like Us on FacebookFollow Us on Twitter
TOP STORIES NOW
MAY BE OF INTEREST
Salesforce.com is the market and technology leader in Software-as-a-Service. Its award-winning CRM solution helps 82,400 customers worldwide manage and share business information over the Internet. Experience CRM success. Click here for a FREE 30-day trial.
MORE IN CLOUD COMPUTING
Product Information and Resources for Technology You Can Use To Boost Your Business

Network Security Spotlight
Dairy Queen Latest Retailer To Report Hack
Dairy Queen is known for its hot fries and sweet treats, but it just made cyber history as the latest victim of a hack attack. The fast food chain said that customer data at some stores may be at risk.
 
Lessons from the JPMorgan Chase Cyberattack
JPMorgan Chase is investigating a likely cyberattack. The banking giant is cooperating with law enforcement, including the FBI, to understand what data hackers may have obtained.
 
Who Is the Hacker Group Lizard Squad?
Are they dangerous or just obnoxious? That’s what many are wondering about the hacker group Lizard Squad, which tweeted out a bomb threat that grounded a flight with a Sony exec aboard.
 

Enterprise Hardware Spotlight
HP Previews ProLiant Gen9 Servers
Because traditional data center and server architectures are “constraints” on businesses, HP is releasing new servers aimed at faster, simpler and more cost-effective delivery of computing services.
 
Apple Set To Release Largest iPad Ever
Tech giant Apple seems to have adopted the mantra “go big or go home.” The company is planning to introduce its largest iPad ever: a 12.9-inch behemoth that will dwarf its largest existing models.
 
Alert: HP Recalls 5 Million Notebook AC Power Cords
HP is recalling about 5.6 million notebook computer AC power cords in the U.S. and another 446,700 in Canada because of possible overheating, which can pose a fire and burn hazard.
 

Mobile Technology Spotlight
Apple Sets Sept. 9 Event: iPhone 6, iWatch on Tap?
Save the date. Apple formally announced that its long-anticipated “special event," will take place on September 9. Does the tech giant have the iPhone 6, and the iWatch up its sleeve?
 
Samsung's New Smart Watch Makes Calls Without Phone
Following up on the Gear 2, Samsung has unveiled a new 3G smart watch, the Gear S, that stands out in its ability to make phone calls and send text messages without a smartphone.
 
Apple Set To Release Largest iPad Ever
Tech giant Apple seems to have adopted the mantra “go big or go home.” The company is planning to introduce its largest iPad ever: a 12.9-inch behemoth that will dwarf its largest existing models.
 

Navigation
NewsFactor Network
Home/Top News | Enterprise I.T. | Cloud Computing | Applications | Hardware | Mobile Tech | Big Data | Communications
World Wide Web | Network Security | Data Storage | CRM Systems | Microsoft/Windows | Apple/Mac | Linux/Open Source | Personal Tech
Press Releases
NewsFactor Network Enterprise I.T. Sites
NewsFactor Technology News | Enterprise Security Today | CRM Daily

NewsFactor Business and Innovation Sites
Sci-Tech Today | NewsFactor Business Report

NewsFactor Services
FreeNewsFeed | Free Newsletters

About NewsFactor Network | How To Contact Us | Article Reprints | Careers @ NewsFactor | Services for PR Pros | Top Tech Wire | How To Advertise

Privacy Policy | Terms of Service
© Copyright 2000-2014 NewsFactor Network. All rights reserved. Article rating technology by Blogowogo. Member of Accuserve Ad Network.