-Caveat Lector-

DECEMBER 3, 1999 . . . 17:35
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Lawsuit claims NSA spying on Americans


BY DANIEL VERTON ([EMAIL PROTECTED])

The privacy watchdog group Electronic Privacy Information Center today filed
a lawsuit in federal court that aims to force the National Security Agency to
release sensitive documents thought to contain evidence of surveillance
operations against U.S. citizens.

EPIC wants to obtain documents recently denied to Congress by NSA's General
Counsel on the grounds of attorney/client privilege. NSA also has failed to
reply to a Freedom of Information Act request filed by EPIC to obtain the
documents.

The lawsuit centers on documents that are said to detail the operations of
the so-called Echelon global surveillance network. Details surrounding
Echelon came to light last year when the European Union launched a full-scale
investigation into privacy abuses against European citizens by the NSA
["European Union may investigate U.S. global spy computer network," fcw.com,
Nov. 17, 1998].

EPIC director Marc Rotenberg said in a statement released to the press, "The
charter of the National Security Agency does not authorize domestic
intelligence-gathering. Yet we have reason to believe that the NSA is engaged
in the indiscriminate acquisition and interception of domestic communications
taking place over the Internet."

A spokesperson for the agency said, "NSA operates in strict accordance with
U.S. laws and regulations in protecting the privacy rights of U.S. persons.
Its activities are conducted with the highest constitutional, legal and
ethical standards."

Echelon, a Cold War-vintage global spy system, is believed to consist of a
worldwide network of clandestine listening posts capable of intercepting
electronic communications such as e-mail, telephone conversations, faxes,
satellite transmissions, microwave links and fiber-optic communications
traffic.

EPIC is planning a major study of the Echelon network to be published next
year that looks at the operations of signals intelligence agencies around the
world, such as the NSA.

"We expect that Congress will hold hearings on this early next year and we
plan to pursue our case very aggressively," Rotenberg told FCW. "If the NSA
is intercepting Internet communications of U.S. citizens -- and we believe
they are -- then it is a critical question of Constitutional government to
determine whether they are acting within the law or outside of it."

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