Defendant challenges DOJ's use of NSA surveillance

An Uzbek man asks a US court to suppress information collected by arguing the NSA program is unconstitutional

A man charged with aiding a terrorist organization has asked a U.S. court to throw out information collected by the National Security Agency, saying the NSA's surveillance of his Internet communications violates the Fourth Amendment of the U.S. Constitution.

Jamshid Muhtorov, a native of Uzbekistan who has lived in Colorado since 2007, filed papers Wednesday asking the U.S. District Court for the District of Colorado to throw out evidence collected by the NSA in a program targeting the Internet communications of people linked to foreign terrorist organizations.

Muhtorov's challenge to the NSA program, which operates under the authority of the FISA Amendments Act, was supported by the Federal Public Defender's Office, the American Civil Liberties Union and the ACLU of Colorado. The program violates the Fourth Amendment, protecting U.S. residents against unreasonable searches and seizures, the groups argued.

"The FISA Amendments Act affords the government virtually unfettered access to the international phone calls and emails of U.S. citizens and residents," ACLU deputy legal director Jameel Jaffer said in a statement. "We've learned over the last few months that the NSA has implemented the law in the broadest possible way, and that the rules that supposedly protect the privacy of innocent people are weak and riddled with exceptions."

Muhtorov was arrested in January 2012 and charged with providing and attempting to provide material support to a designated foreign terrorist organization.

The charges connect Muhtorov, a former human rights advocate who was admitted to the U.S. as a political refugee, to the Islamic Jihad Union, a resistance group opposed to the Uzbek regime.

A spokesman for the U.S. Department of Justice declined to comment on Muhtorov's challenge.

The U.S. Supreme Court dismissed an ACLU lawsuit challenging the FISA Amendments Act last February on the grounds that the ACLU's plaintiffs, including Amnesty International USA, Human Rights Watch and The Nation magazine, could not prove the NSA had collected their communications. Muhtorov is the first criminal defendant to have received notice that he was monitored under the FISA Amendments Act.

Grant Gross covers technology and telecom policy in the U.S. government for The IDG News Service. Follow Grant on Twitter at GrantGross. Grant's email address is grant_gross@idg.com.

Join the newsletter!

Or

Sign up to gain exclusive access to email subscriptions, event invitations, competitions, giveaways, and much more.

Membership is free, and your security and privacy remain protected. View our privacy policy before signing up.

Error: Please check your email address.

Tags governmentsecurityprivacyinternetlegalU.S. Department of JusticeCriminalAmerican Civil Liberties UnionU.S. Supreme CourtU.S. National Security AgencyJameel JafferU.S. District Court for the District of ColoradoFederal Public Defender's OfficeJamshid Muhtorov

Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

Grant Gross

IDG News Service
Show Comments

Brand Post

Most Popular Reviews

Latest Articles

Resources

PCW Evaluation Team

Andrew Teoh

Brother MFC-L9570CDW Multifunction Printer

Touch screen visibility and operation was great and easy to navigate. Each menu and sub-menu was in an understandable order and category

Louise Coady

Brother MFC-L9570CDW Multifunction Printer

The printer was convenient, produced clear and vibrant images and was very easy to use

Edwina Hargreaves

WD My Cloud Home

I would recommend this device for families and small businesses who want one safe place to store all their important digital content and a way to easily share it with friends, family, business partners, or customers.

Walid Mikhael

Brother QL-820NWB Professional Label Printer

It’s easy to set up, it’s compact and quiet when printing and to top if off, the print quality is excellent. This is hands down the best printer I’ve used for printing labels.

Ben Ramsden

Sharp PN-40TC1 Huddle Board

Brainstorming, innovation, problem solving, and negotiation have all become much more productive and valuable if people can easily collaborate in real time with minimal friction.

Sarah Ieroianni

Brother QL-820NWB Professional Label Printer

The print quality also does not disappoint, it’s clear, bold, doesn’t smudge and the text is perfectly sized.

Featured Content

Product Launch Showcase

Latest Jobs

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?