Jun 212013
 June 21, 2013  Posted by  Court, Surveillance, U.S.

Earlier this month, I noted that the government had sought a delay in Jewel v. NSA following revelations in The Guardian about surveillance programs. I haven’t seen EFF’s response to the government’s notice and request, but it would appear that EFF did not agree, and on Wednesday, the government filed a response to EFF’s opposition that begins:

On June 7, 2013, the Government Defendants notified the Court that, in response to media reports about alleged surveillance activities, the Director of National Intelligence (“DNI”) had, the day before, directed that certain information related to the “business records” provision of the Foreign Intelligence Surveillance Act (“FISA”) be declassified and immediately released to the public. Recognizing that this official disclosure could affect the Government’s pending state secrets privilege assertion, the Government Defendants asked the Court to pause its consideration of that assertion, briefed in the parties’ pending cross-motions for summary judgment, while the Government Defendants determined the impact of the disclosure on the privilege assertion. We indicated in our notice that we would consult with plaintiffs about the way forward during this pause, but plaintiffs opposed the notice before any substantive consultation could take place. See Dkt. 143, Plaintiffs’ Opposition (“Pl. Opp.”).

Plaintiffs have very much overreacted to the Government’s notice. They erroneously accuse the Government of seeking to delay proceedings and propose an order for further proceedings that we believe would be inappropriate at this stage.

Read more on Courthouse News. I expect EFF will have more to say on this when they have time.

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