Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

How many NSA does it take to anger Wikimedia?

Author: Scarinci Hollenbeck, LLC

Date: March 26, 2015

Key Contacts

Back

Apparently just one. That’s it.

The buttons have been pushed and the lawsuit is filed. According to Wikimedia’s recent Blog posting, it referenced its intent to file a lawsuit against the National Security Agency (NSA) and the Department of Justice (DOJ), captioned Wikimedia Foundation, et al. v. National Security Agency/Central Security Service, et al., U.S. District Court – District of Maryland, Case No.: 15-cv-00662 (RDB) (March 10, 2015).

The grounds for which Wikimedia is basing its lawsuit involve the mass surveillance program that the NSA has been implementing. One of the most troublesome facets of this program, according to Wikimedia’s pleading, is the NSA’s search and seizure of internet communications, which is called “Upstream” surveillance. Wikimedia argues that these actions violate its users most basic of rights, citing the U.S. Constitution’s First Amendment protection of freedom of speech, and Fourth Amendment protection against unreasonable search and seizure because defendants’ conduct involved suspicionless seizure and searching of Internet traffic by NSA on U.S. soil.

The founder of Wikipedia, Jimmy Wales, continues to emphasize that user privacy is of utmost importance. When such privacy is put in question, and people fear that their information will be leaked, the Wiki experience is seriously undermined. This issue, with the NSA specifically, was made much more serious and real with the Edward Snowden 2013 public disclosures, which revealed information about Wikimedia’s programs. According to its blog postings, Wikimedia has been looking for a way to file a lawsuit ever since this incident. Zeroing in on the “upstream” surveillance aspect allows the suit to serve as a vehicle to address Wikimedia’s views on how deeply rooted and harmful the issue is because it is tapping into the backbone of the internet, including the vast network of high-capacity cables, switches, and routers “that today carry vast numbers of Americans’ communications with each other and with the rest of the world.”

In other words, when the NSA monitors everything, the very integrity of the Internet is impugned and Wikimedia is taking a stand. This is not the first time Wikimedia has protested when it felt certain rights were being encroached on improperly. For example, in 2012 Wiki implemented a Wikipedia blackout to protest the anti-piracy laws that the U.S. Congress considered enacting at the time. Much like in the current issue, Wikimedia took action to proclaim that it did not support the influence that the government was trying to exert over what it believed should continue to be a free and open internet.

The Wiki lawsuit raises a number of important questions, including whether any surveillance is appropriate, and if so, who’s the appropriate body to surveil and how much surveillance is too much?

One can argue that within cyberspace there is a certain amount of necessary precautions that must be taken to help ensure public safety and the Internet’s integrity. Under that premise, it would be inappropriate to eliminate all oversight especially if it were necessary to maintain the very integrity that the Internet is designed to ensure. But again, the issue comes down to “who” – who should be allowed to surveil, including who’s in the best position to “protect the public and the Internet”?

  • Is it the government – if so, who’s government?
  • A website’s creator – if so, does it matter that the site is driven by profits over safety? Or would a non-profit website serve a more credible role?

As with most complex issues – it depends. So then, does Wikimedia have a legitimate basis to file suit? That remains to be seen as the lawsuit proceeds. But challenges to the levels on which human rights are being encroached are always fair game in a free society. Individuals like Edward Snowden serve to test the parameters of that premise. The level of NSA surveillance has become the lightening rod to test the scope of what’s appropriate – and not. This is what Wikimedia, in part, appears to be arguing, that the NSA has reached too far.

###

Do you have any feedback, thoughts, reactions or comments concerning this topic? Feel free to leave a comment below and follow the twitter accounts @CyberPinguelo, @eWHW_Blog, @S_H_Law. If you have any questions about this post or would like assistance with your data security/privacy and related efforts, please contact Fernando M. Pinguelo or the Scarinci Hollenbeck attorney with whom you work.

Fernando acknowledges the notable contribution to this article from Ms. Jenna Methven, Chief Blog Correspondent and Blogger for eWhiteHouse Watch – Where Technology, Politics, and Privacy Collide (www.eWHWblog.com) and a Monmouth University student.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
New York NDA Requirements for Businesses post image

New York NDA Requirements for Businesses

Non-disclosure agreements (NDAs) remain a critical tool for protecting sensitive business information. However, New York NDA requirements have evolved, and businesses must ensure these agreements are carefully drafted to remain enforceable. In a competitive market like New York City, NDAs are commonly used to protect proprietary information, client relationships, and strategic plans. At the same […]

Author: Dan Brecher

Link to post with title - "New York NDA Requirements for Businesses"
New Jersey Will Contest Grounds Explained post image

New Jersey Will Contest Grounds Explained

How Courts Evaluate Testamentary Capacity and Undue Influence Will contests in New Jersey are difficult to win, given the strong presumption that a properly executed will reflects the testator’s intent. However, challenges based on lack of testamentary capacity and undue influence remain common, particularly where there are concerns about mental capacity or the involvement of […]

Author: Marc J. Comer

Link to post with title - "New Jersey Will Contest Grounds Explained"
Legal Issues Before Bringing on Investors post image

Legal Issues Before Bringing on Investors

Bringing on outside investors can provide the capital and strategic support a business needs to grow. However, raising capital also introduces important legal, financial, and operational considerations. Before bringing on investors, businesses should address key legal issues to reduce risk, streamline investor due diligence, and position the company for long-term success. Early preparation signals that […]

Author: Dan Brecher

Link to post with title - "Legal Issues Before Bringing on Investors"
SECURE 2.0 RMD Planning Strategies post image

SECURE 2.0 RMD Planning Strategies

How the Updated Law Shapes Retirement and Estate Planning The SECURE 2.0 Act of 2022 materially reshapes the required minimum distribution (RMD) landscape, extending tax deferral opportunities while accelerating distribution requirements for many beneficiaries. For high-net-worth individuals and families, these changes are not merely technical. They require a reassessment of retirement income strategies, beneficiary planning, […]

Author: Marc J. Comer

Link to post with title - "SECURE 2.0 RMD Planning Strategies"
Buying Commercial Property in New Jersey: Legal Guide for Small Businesses post image

Buying Commercial Property in New Jersey: Legal Guide for Small Businesses

Small businesses considering buying commercial property in New Jersey must evaluate a range of legal, financial, and operational factors. While ownership can offer long-term value and control, it also introduces significant risks if not properly structured. This guide outlines key considerations to help New Jersey business owners make informed decisions, minimize legal exposure, and successfully […]

Author: Robert L. Baker, Jr.

Link to post with title - "Buying Commercial Property in New Jersey: Legal Guide for Small Businesses"
The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities post image

The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities

On January 28, 2026, staff of the U.S. Securities and Exchange Commission’s Divisions of Corporation Finance, Investment Management, and Trading and Markets issued a joint statement clarifying how existing federal securities laws apply to tokenized securities. The SEC’s “Statement on Tokenized Securities” does not establish new law, but it does provide greater clarity on the […]

Author: Dan Brecher

Link to post with title - "The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!