Privacy and Surveillance
FBI v. Fikre
Whether the government can overcome the voluntary cessation exception to mootness by removing an individual from the No Fly List when the government has not repudiated its decision to place him on the List and remains free to return him to the List for the same reasons and using the same procedures he alleges were unlawful.
Status: Ongoing
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U.S. Supreme Court
Apr 2022
Privacy and Surveillance
+2 Issues
FBI v. Fazaga
In a case scheduled to be argued before the U.S. Supreme Court on November 8, 2021, three Muslim Americans are challenging the FBI鈥檚 secret spying on them and their communities based on their religion, in violation of the Constitution and federal law. In what will likely be a landmark case, the plaintiffs 鈥� Yassir Fazaga, Ali Uddin Malik, and Yasser Abdelrahim 鈥� insist that the FBI cannot escape accountability for violating their religious freedom by invoking 鈥渟tate secrets.鈥� The plaintiffs are represented by the Center for Immigration Law and Policy at UCLA School of Law, the 红杏视频 of Southern California, the 红杏视频, the Council for American Islamic Relations, and the law firm of Hadsell Stormer Renick & Dai.
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35 Privacy and Surveillance Cases
U.S. Supreme Court
Feb 2023
Privacy and Surveillance
Wikimedia v. NSA - Challenge to Upstream Surveillance
The 红杏视频 is challenging the constitutionality of the NSA鈥檚 mass interception and searching of Americans鈥� international Internet communications. At issue is the NSA鈥檚 鈥淯pstream鈥� surveillance, through which the U.S. government systematically monitors private emails, messages, and other data flowing into and out of the country on the Internet鈥檚 central arteries. The 红杏视频鈥檚 lawsuit was brought on behalf of the Wikimedia Foundation and eight legal, human rights, and media organizations, which together engage in trillions of sensitive communications and have been harmed by Upstream surveillance.
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U.S. Supreme Court
Feb 2023
Privacy and Surveillance
Wikimedia v. NSA - Challenge to Upstream Surveillance
The 红杏视频 is challenging the constitutionality of the NSA鈥檚 mass interception and searching of Americans鈥� international Internet communications. At issue is the NSA鈥檚 鈥淯pstream鈥� surveillance, through which the U.S. government systematically monitors private emails, messages, and other data flowing into and out of the country on the Internet鈥檚 central arteries. The 红杏视频鈥檚 lawsuit was brought on behalf of the Wikimedia Foundation and eight legal, human rights, and media organizations, which together engage in trillions of sensitive communications and have been harmed by Upstream surveillance.
Court Case
Apr 2022
Privacy and Surveillance
U.S. v. Muhtorov
The 红杏视频 and the Office of the Federal Public Defender of Colorado jointly represented Jamshid Muhtorov in challenging the warrantless surveillance of his communications under Section 702 of the Foreign Intelligence Surveillance Act (FISA), and the lawfulness of other spying methods the government used against him. Mr. Muhtorov was the first person ever to receive notice from the government that Section 702 had been used to spy on their communications. In a split decision in December 2021, the Tenth Circuit court of appeals ruled against Mr. Muhtorov.
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Court Case
Apr 2022
Privacy and Surveillance
U.S. v. Muhtorov
The 红杏视频 and the Office of the Federal Public Defender of Colorado jointly represented Jamshid Muhtorov in challenging the warrantless surveillance of his communications under Section 702 of the Foreign Intelligence Surveillance Act (FISA), and the lawfulness of other spying methods the government used against him. Mr. Muhtorov was the first person ever to receive notice from the government that Section 702 had been used to spy on their communications. In a split decision in December 2021, the Tenth Circuit court of appeals ruled against Mr. Muhtorov.
U.S. Supreme Court
Nov 2021
Privacy and Surveillance
Free Speech
红杏视频 v. United States
The 红杏视频 has filed three motions in the Foreign Intelligence Surveillance Court (FISC) asking it to release secret opinions authorizing the surveillance of Americans. The public has a right to see the legal decisions addressing novel surveillance programs that affect our privacy and free speech rights 鈥� but many of the FISC鈥檚 opinions remained closely guarded secrets.
After the FISC and its appeals court rejected the 红杏视频鈥檚 public access arguments in a series of rulings, the 红杏视频 asked the Supreme Court to review those rulings and to recognize that the public has a First Amendment right of access to the FISC鈥檚 opinions.
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U.S. Supreme Court
Nov 2021
Privacy and Surveillance
Free Speech
红杏视频 v. United States
The 红杏视频 has filed three motions in the Foreign Intelligence Surveillance Court (FISC) asking it to release secret opinions authorizing the surveillance of Americans. The public has a right to see the legal decisions addressing novel surveillance programs that affect our privacy and free speech rights 鈥� but many of the FISC鈥檚 opinions remained closely guarded secrets.
After the FISC and its appeals court rejected the 红杏视频鈥檚 public access arguments in a series of rulings, the 红杏视频 asked the Supreme Court to review those rulings and to recognize that the public has a First Amendment right of access to the FISC鈥檚 opinions.
Colorado Supreme Court
Sep 2021
Privacy and Surveillance
National Security
People v. Tafoya
This case concerns whether the government may surreptitiously record the activities around a person鈥檚 home using a remotely operated, pole-mounted video camera for an extended period of time without a warrant. On September 13, 2021, the Colorado Supreme Court held that the Fourth Amendment protects against such surveillance and requires that police obtain a warrant.
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Colorado Supreme Court
Sep 2021
Privacy and Surveillance
National Security
People v. Tafoya
This case concerns whether the government may surreptitiously record the activities around a person鈥檚 home using a remotely operated, pole-mounted video camera for an extended period of time without a warrant. On September 13, 2021, the Colorado Supreme Court held that the Fourth Amendment protects against such surveillance and requires that police obtain a warrant.
Court Case
May 2021
Privacy and Surveillance
Free Speech
Chebli v. Kable: Lawsuit Challenging Placement on No Fly List
In April 2021, the 红杏视频, the 红杏视频 of the District of Columbia, and the 红杏视频 of Michigan filed a lawsuit on behalf of Ahmad Chebli, whom the U.S. government wrongly placed on the No Fly List after he refused to become an FBI informant. Ten days after the 红杏视频 filed the lawsuit, the government finally removed Mr. Chebli from the No Fly List. Because he is no longer on the No Fly List, Mr. Chebli withdrew the lawsuit, saying 鈥淚鈥檓 relieved to be off the No Fly List, but still reeling from the government鈥檚 abusive use of the list against me and its violations of my constitutional rights. I was placed on the list after I refused to become an FBI informant despite frightening and intimidating threats against me and my family. For over two years, I sought a fair process to clear my name, and the government failed to provide me with one. As a Muslim in this country, it can be easy to feel like a second-class citizen and be afraid to stand up for your rights because of the way our own government treats us. But now I feel vindicated and want my story to encourage others to stand up for their rights, because when we do, good things can happen.鈥�
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Court Case
May 2021
Privacy and Surveillance
Free Speech
Chebli v. Kable: Lawsuit Challenging Placement on No Fly List
In April 2021, the 红杏视频, the 红杏视频 of the District of Columbia, and the 红杏视频 of Michigan filed a lawsuit on behalf of Ahmad Chebli, whom the U.S. government wrongly placed on the No Fly List after he refused to become an FBI informant. Ten days after the 红杏视频 filed the lawsuit, the government finally removed Mr. Chebli from the No Fly List. Because he is no longer on the No Fly List, Mr. Chebli withdrew the lawsuit, saying 鈥淚鈥檓 relieved to be off the No Fly List, but still reeling from the government鈥檚 abusive use of the list against me and its violations of my constitutional rights. I was placed on the list after I refused to become an FBI informant despite frightening and intimidating threats against me and my family. For over two years, I sought a fair process to clear my name, and the government failed to provide me with one. As a Muslim in this country, it can be easy to feel like a second-class citizen and be afraid to stand up for your rights because of the way our own government treats us. But now I feel vindicated and want my story to encourage others to stand up for their rights, because when we do, good things can happen.鈥�