Al Haramain v. Obama

This case alleges alleges that the Bush Administration illegally targeted the leaders of an Islamic charity and their lawyers for warrantless surveillance by the NSA. Their claims are based on a secret document that was accidentally disclosed to the plaintiffs by the government that the plaintiffs allege demonstrates they were subjected to warrantless wiretapping (the contents of the document are tightly sealed as a state secret).

In 2008, the Federal District Court held that "FISA preempts the state secrets privilege in connection with electronic surveillance for intelligence purposes and would appear to displace the state secrets privilege for purposes of plaintiffs’ claims." The Court rejected the expansive view of executive power promoted by the government, holding that the President's authorities under Article II of the Constitution do not give him the power to overrule FISA.

The case was subsequently dismissed by the 9th Circuit on the grounds of sovereign immunity.

Stay in Touch

NSA Spying

EFF is leading the fight against the NSA's illegal mass surveillance program. Learn more about what the program is, how it works, and what you can do.

Follow EFF

In December, a NY judge ruled that pointing out DRM-breaking software isn't copyright infringement https://eff.org/r.axrt #DayAgainstDRM

May 6 @ 11:47am

A librarian on the lies created by copyright law and the clash between DRM and intellectual freedom https://eff.org/r.2xzr #DayAgainstDRM

May 6 @ 11:09am

It's International Day Against DRM! EFF calls for an end to unfair laws that lock down your stuff. https://eff.org/r.hkz5 #DayAgainstDRM

May 6 @ 10:20am
JavaScript license information