NSA Phone Data Collection Declared Illegal by Appellate Court

Final Ruling on NSA Practices

In a landmark decision, an appellate court concluded that the National Security Agency’s (NSA) phone data collection was indeed illegal, a conclusion that comes a decade after the case began. However, while the court condemned the NSA’s practices, it decided to uphold the convictions against the defendants involved.

Fourth Amendment Violations

The 9th Circuit Court, in its September 2 ruling in USA v. Moalin, openly criticized the government’s methods, stating that they may have violated the Fourth Amendment and explicitly breached the Foreign Intelligence Surveillance Act (FISA). According to the court, the scale of data collection—spanning millions of Americans—rendered the process profoundly invasive.

Dependence on Metadata

While the court recognized the severity of the NSA’s actions, it pointed out that Moalin’s individual metadata collection was relatively minor compared to the primary evidence used in his trial. The real smoking gun? A series of recorded calls with co-defendants, procured through wiretapping Moalin’s phone.

The Birth of Controversy

This case traces back to July 2010 when Basaaly Saeed Moalin and his accomplices were indicted for financially supporting the Somali extremist group, al-Shabab. Over a stretch of two years, they sent a total of $10,900 to the group, leading to a multi-count conviction that the NSA branded as a big win for their data collection efforts.

Legacy of the Snowden Revelations

The court’s ruling was significantly amplified by the aftershocks of Edward Snowden’s revelations in 2014. The public outcry over the NSA’s extensive surveillance practices grew rampant, transforming Moalin’s appeal from a legal matter into a national conversation. The Freedom Act of 2015 sought to curb these invasive measures, demonstrating how citizen awareness and activism can reshape laws.

Cryptocurrency and Anti-Surveillance Technology

Snowden’s actions, coupled with fears of a dystopian surveillance state, reignited interest in decentralized technologies. The emergence of cryptocurrencies, designed to resist government oversight, can largely be attributed to the outcry following such revelations. Organizations like WikiLeaks began accepting Bitcoin donations to strengthen their independence from centralized control.

Hacking Tools and Their Fallout

The NSA’s history of cybersecurity isn’t without its own missteps. The infamous EternalBlue exploit, which was pilfered from the agency, became the backbone of the WannaCry malware attack that wreaked havoc in 2017. This showcases that surveillance without accountability could lead to unintended consequences.