Wikimedia Foundation et al v. National Security Agency/Central Security Service et al, No. 1:2015cv00662 - Document 93 (D. Md. 2015)

Court Description: MEMORANDUM OPINION. Signed by Judge T. S. Ellis on 10/23/2015. (bmhs, Deputy Clerk)
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Wikimedia Foundation et al v. National Security Agency/Central Security Service et al Doc. 93 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND WIKIMEDIA FOUNDATION, etaL, Plaintiffs, Case No. l:15-cv-662 V. NATIONAL SECURITY AGENCY / CENTRAL SECURITY SERVICE, et aL, Defendants. MEMORANDUM OPINION This is the latest in the recent series of constitutional challenges to the National Security Agency's ("NSA") data gathering efforts.' In this case, plaintiffs, nine organizations that communicate overthe Internet, allege that the NSA's interception, collection, review, and storing of plaintiffs' Intemet communications violates plaintiffs' rights under the First and Fourth Amendments and exceeds the NSA's authority under the Foreign Intelligence Surveillance Act ("FISA"). Typical of these challenges to the NSA's surveillance programs is defendants' threshold jurisdictional contention that plaintiffs lack Article III standing to assert their claims. This memorandimi opinion addresses the standing issue. ' See Clapper v. Amnesty Int'l USA, 133 S. Ct. 1138,1144 (2013) (involving a facial challenge to Section 702 of the Foreign Intelligence Surveillance Act); Obama v. Klayman, Nos. 14-5004, 145005, 14-5016, 14-5017, 2015 WL 5058403 (D.C. Cir. Aug. 28, 2015) (involving a challenge to the NSA's bulk collection of telephone metadata produced by telephone companies); Am. Civil Liberties Union v. Clapper, 785 F.3d 787 (2d Cir. 2015) (involving a challenge to the NSA's bulktelephone metadata collection program); Jewel v. Nat'l Sec. Agency, No. C 08-04373, 2015 WL 545925 (N.D. Cal. Feb. 10, 2015), appeal docketed. No. 15-16133 (9th Cir. June 4, 2015) (involving a challenge to the NSA's interception of Intemet communications). 1