4th Circuit:  State Secrets Privilege Required Dismissal Of Upstream Surveillance Suit

Mealey's (September 17, 2021, 1:31 PM EDT) -- RICHMOND, Va. — A challenge by the Wikimedia Foundation to the National Security Agency’s (NSA’s) upstream surveillance activities was properly dismissed under the state secrets privilege, a divided Fourth Circuit U.S. Court of Appeals panel held Sept. 15, finding that the Foreign Intelligence Surveillance Act (FISA) does not displace the privilege....