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Wikimedia wins small victory in challenge to NSA “Upstream” spying

May 24, 2017

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The Wikimedia Foundation has won another day in court challenging the National Security Agency over the government’s so-called “Upstream” surveillance program that was disclosed by Edward Snowden.

While there’s still an uphill battle for the surveillance to be declared unconstitutional, as Wikimedia alleges, the decision Tuesday by the 4th US Circuit Court of Appeals is important nevertheless. That’s because a lower court had ruled that Wikimedia didn’t even have a right to sue. The lower court said the foundation that runs the online encyclopedia Wikipedia could not demonstrate that the digital communications of the Wikipedia community editors and Wikipedia staff were being vacuumed up by the congressionally approved, large-scale surveillance.

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