Judge: You can't sue the NSA for secretly spying on you unless you can prove they're secretly spying on you


On Tuesday, a federal judge ruled that anyone who wants to sue the NSA for secretly spying on them must first be able to specify exactly how the NSA is spying on them — despite the fact that it has been confirmed that the NSA spies on millions of Americans.
On top of the obvious difficulty of determining how the domestic surveillance branch of the most powerful government in the world is monitoring your life, U.S. District Judge Jeffrey White put up a further barrier for suing the NSA. Even if you "could establish standing," he wrote, "a potential Fourth Amendment Claim would have to be dismissed on the basis that any possible defenses would require impermissible disclosure of state secret information."
Fortunately, the ruling only applies to upstream internet surveillance, which is an indiscriminate collection of massive amounts of data of web traffic and phone call patterns.
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Bonnie Kristian was a deputy editor and acting editor-in-chief of TheWeek.com. She is a columnist at Christianity Today and author of Untrustworthy: The Knowledge Crisis Breaking Our Brains, Polluting Our Politics, and Corrupting Christian Community (forthcoming 2022) and A Flexible Faith: Rethinking What It Means to Follow Jesus Today (2018). Her writing has also appeared at Time Magazine, CNN, USA Today, Newsweek, the Los Angeles Times, and The American Conservative, among other outlets.
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