⌚ Gchq Case Summary

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Gchq Case Summary



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Public Law - Chapter 8: Judicial Review (Degree - Year 1)

Klein first revealed in EFF is fighting these illegal activities in the courts. Currently, EFF is representing victims of the illegal surveillance program in Jewel v. NSA , a lawsuit filed in September seeking to stop the warrantless wiretapping and hold the government and government officials behind the program accountable. In July , a federal judge ruled that the government could not rely on the controversial "state secrets" privilege to block our challenge to the constitutionality of the program. This case is being heard in conjunction with Shubert v. Obama , which raises similar claims. The Director of National Intelligence has since confirmed that the collection of Verizon call records is part of a broader program.

In addition to making the same arguments we made in Jewel , we argue in First Unitarian that this type of collection violates the First Amendment right to association. Previously, in Hepting v. In Smith v. Obama , we are arguing the program violated her Fourth Amendment rights by collecting a wealth of detail about her familial, political, professional, religious and intimate associations. First Unitarian v. Jewel v. Hepting v. Smith v. All of us deserve basic protection against government searches and seizures that the Constitution provides, including requiring law enforcement to get a warrant before it can access our communications. But currently, the FBI has a backdoor into our communications, a loophole, that Congress can and should close.

Instead they are asked to specify what activity they know or believe has taken place. The Tribunal is under a duty both to investigate and to determine valid complaints and public authorities are under a duty to provide the Tribunal with all documents and information the Tribunal may require to assist in that investigation. Nothing can be held back from the Tribunal for reasons of secrecy or national security.

To counter this, and to protect sensitive information, the Tribunal may not disclose to the complainant anything which might compromise national security or the prevention and detection of serious crime, the economic well-being of the United Kingdom or the continued discharge of the functions of any of the intelligence services. However, wherever possible, and subject to this limitation, the Tribunal will provide findings of fact or a summary of the determination. On this website you can find further information about: How you can make a complaint to the Tribunal; The key legislation that governs how the Tribunal works as well as its rules of procedure; How you can appeal a decision or determination of the Tribunal; Who we are. A copy of the judgment can be found using the 'judgment' link.

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