WIKIMEDIA FOUNDATION, Plaintiff-Appellant, and
NATIONAL Association of Criminal Defense Attorneys; Human Rights Watch; Pen American Center; Global Fund for Women; The Nation Magazine; the Rutherford Institute; Washington Office on Latin America; Amnesty International USA, Plaintiffs,
v.
NATIONAL SECURITY AGENCY/CENTRAL SECURITY SERVICE; General Paul M. Nakasone, in his official capacity as Director of the National Security Agency and Chief of the Central Security Service; Office of the Director of National Intelligence; Richard Grenell, in his official capacity as acting Director of National Intelligence; Merrick B. Garland, Attorney General; Department of Justice, Defendants-Appellees.
Center for Democracy & Technology; New America's Open Technology Institute; David H. Kaye, Evidence Law Professor; Edward J. Imwinkelried, Evidence Law Professor; D. Michael Risinger, Evidence Law Professor; Rebecca Wexler, Evidence Law Professor; Professor Stephen I. Vladeck; Americans for Prosperity Foundation; Brennan Center for Justice; Electronic Frontier Foundation; Electronic Privacy Information Center; Freedom-works Foundation; TechFreedom; Network Engineers and Technologists, Amici Supporting Appellant.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Affirmed by published opinion. Judge Diaz wrote the majority opinion, in which Judge Motz joined as to Parts I and II.A, and in which Judge Rushing joined as to Part II.B.2 and C. Judge Motz wrote an opinion concurring in part and dissenting in part. Judge Rushing wrote an opinion concurring in part and in the judgment.
DIAZ, Circuit Judge:
We consider, for the second time, the Wikimedia Foundation's contentions that the government is spying on its communications using Upstream, an electronic surveillance program run by the National Security Agency ("NSA"). In the first appeal, we found Wikimedia's allegations of Article III standing sufficient to survive a motion...
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