Menu
Defendant challenges DOJ's use of NSA surveillance

Defendant challenges DOJ's use of NSA surveillance

An Uzbek man asks a US court to suppress information collected by arguing the NSA program is unconstitutional

A man charged with aiding a terrorist organization has asked a U.S. court to throw out information collected by the National Security Agency, saying the NSA's surveillance of his Internet communications violates the Fourth Amendment of the U.S. Constitution.

Jamshid Muhtorov, a native of Uzbekistan who has lived in Colorado since 2007, filed papers Wednesday asking the U.S. District Court for the District of Colorado to throw out evidence collected by the NSA in a program targeting the Internet communications of people linked to foreign terrorist organizations.

Muhtorov's challenge to the NSA program, which operates under the authority of the FISA Amendments Act, was supported by the Federal Public Defender's Office, the American Civil Liberties Union and the ACLU of Colorado. The program violates the Fourth Amendment, protecting U.S. residents against unreasonable searches and seizures, the groups argued.

"The FISA Amendments Act affords the government virtually unfettered access to the international phone calls and emails of U.S. citizens and residents," ACLU deputy legal director Jameel Jaffer said in a statement. "We've learned over the last few months that the NSA has implemented the law in the broadest possible way, and that the rules that supposedly protect the privacy of innocent people are weak and riddled with exceptions."

Muhtorov was arrested in January 2012 and charged with providing and attempting to provide material support to a designated foreign terrorist organization.

The charges connect Muhtorov, a former human rights advocate who was admitted to the U.S. as a political refugee, to the Islamic Jihad Union, a resistance group opposed to the Uzbek regime.

A spokesman for the U.S. Department of Justice declined to comment on Muhtorov's challenge.

The U.S. Supreme Court dismissed an ACLU lawsuit challenging the FISA Amendments Act last February on the grounds that the ACLU's plaintiffs, including Amnesty International USA, Human Rights Watch and The Nation magazine, could not prove the NSA had collected their communications. Muhtorov is the first criminal defendant to have received notice that he was monitored under the FISA Amendments Act.

Grant Gross covers technology and telecom policy in the U.S. government for The IDG News Service. Follow Grant on Twitter at GrantGross. Grant's email address is grant_gross@idg.com.


Follow Us

Join the New Zealand Reseller News newsletter!

Error: Please check your email address.

Tags U.S. Department of JusticeU.S. National Security AgencyFederal Public Defender's OfficegovernmentinternetprivacyU.S. Supreme CourtU.S. District Court for the District of ColoradoCriminalAmerican Civil Liberties UnionJamshid MuhtorovsecurityJameel Jafferlegal

Featured

Slideshows

Sizing up the NZ security spectrum - Where's the channel sweet spot?

Sizing up the NZ security spectrum - Where's the channel sweet spot?

From new extortion schemes, outside threats and rising cyber attacks, the art of securing the enterprise has seldom been so complex or challenging. With distance no longer a viable defence, Kiwi businesses are fighting to stay ahead of the security curve. In total, 28 per cent of local businesses faced a cyber attack last year, with the number in New Zealand set to rise in 2017. Yet amidst the sensationalism, media headlines and ongoing high profile breaches, confusion floods the channel, as partners seek strategic methods to combat rising sophistication from attackers. In sizing up the security spectrum, this Reseller News roundtable - in association with F5 Networks, Kaspersky Lab, Tech Data, Sophos and SonicWall - assessed where the channel sweet spot is within the New Zealand channel. Photos by Maria Stefina.

Sizing up the NZ security spectrum - Where's the channel sweet spot?
Kiwi channel comes together for another round of After Hours

Kiwi channel comes together for another round of After Hours

The channel came together for another round of After Hours, with a bumper crowd of distributors, vendors and partners descending on The Jefferson in Auckland. Photos by Maria Stefina.​

Kiwi channel comes together for another round of After Hours
Consegna comes to town with AWS cloud offerings launch in Auckland

Consegna comes to town with AWS cloud offerings launch in Auckland

Emerging start-up Consegna has officially launched its cloud offerings in the New Zealand market, through a kick-off event held at Seafarers Building in Auckland.​ Founded in June 2016, the Auckland-based business is backed by AWS and supported by a global team of cloud specialists, leveraging global managed services partnerships with Rackspace locally.

Consegna comes to town with AWS cloud offerings launch in Auckland
Show Comments