Newsletters
News & Information for Technology Purchasers NewsFactor Sites:       NewsFactor.com     Enterprise Security Today     CRM Daily     Business Report     Sci-Tech Today  
   
This ad will display for the next 20 seconds. Click for more information, or
Home Enterprise I.T. Cloud Computing Applications Hardware More Topics...
Cloud Computing
Next Generation Data Center Is Here!
Average Rating:
Rate this article:  
Judge: Warrantless Bulk Surveillance Is Legal
Judge: Warrantless Bulk Surveillance Is Legal

By Nigel Duara
June 26, 2014 10:14AM

    Bookmark and Share
Denying Mohamed Mohamud's motion to dismiss his terrorism conviction, a federal judge has affirmed the legality of the U.S. government's bulk data-collection program. The ruling also upheld Mohamud's conviction on terrorism charges. Mohamud was convicted of attempting to detonate a bomb at Portland's Christmas tree-lighting.
 


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:



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.


 Cloud Computing
1.   Microsoft Ruling Raises Privacy Concern
2.   Oracle To Buy TOA Technologies
3.   Oracle Releases a Slew of Upgrades
4.   Cloud Wars: AWS vs. Microsoft, IBM
5.   Yammer Moved to Office 365


advertisement
Amazon Intros Zocalo Storage Service
Online storage and sharing for business.
Average Rating:
Avaya Pressing Hard on Cloud-Based UC
Provides easier, faster provisioning.
Average Rating:
Cisco Woos More Devs with DevNet
To create new network-aware apps.
Average Rating:


advertisement
Product Information and Resources for Technology You Can Use To Boost Your Business

Network Security Spotlight
Ruling Against Microsoft Raises E-Mail Privacy Concern
Microsoft has been ordered to hand over e-mails to law enforcers in the United States as part of a criminal investigation, even though the e-mail is stored at a data center in Dublin,Ireland.
 
Twitter Buys Password Manager Startup Mitro
Following on the heels of another acquisition earlier this week, Twitter is adding to its fold a password-manager security startup called Mitro, which in turn is releasing its code as open source.
 
Government Requests for Customer Data Skyrocket
Requests for customer data from the government jumped 50 percent in the first half of 2014, according to Twitter, which received more than 2,000 requests for user info from gov't agencies.
 

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.