For online activists around the world, one thing stood out in a photograph published on Sunday by The Guardian: Edward J. Snowden, the former National Security Agency contractor who leaked information about the scope of United States government surveillance, adorned his laptop with stickers showing support for the Electronic Frontier Foundation and the Tor Project.
John Perry Barlow, a founder of the Electronic Frontier Foundation, proudly drew attention on Twitter to the Guardian image of Mr. Snowdenâs laptop.
The foundation, based in San Francisco, is a longstanding civil liberties group that focuses on rights in the online world. The Tor Project provides anonymity services for people to be able to send and receive information under the cloak of secrecy.
Cindy Cohn, the legal director for the foundation, responded to a reporterâs inquiry by saying that the news had broken while she was on a transcontinental flight from San Francisco to Washington. âMan,â she said. âOne should never get in the air these days!â
She said that Mr. Snowdenâs identity came as a surprise to her and her colleagues at the organization. âI donât know him â" I donât think anybody at E.F.F. does,â she said, though she added that âI canât confirm that off the top of my head. But we certainly havenât been working with this,â meaning the revelations about National Security Agency surveillance first published by The Guardian and The Washington Post.
She did acknowledge, however, that the information that Mr. Snowden had revealed could be very helpful in her organizationâs lawsuit over government surveillance, Jewel v. N.S.A., a case that was filed in 2008 over the kinds of electronic monitoring that Mr. Snowdenâs documents address. The original filing in the case, which is under consideration in Federal District Court in San Francisco, refers to âan illegal and unconstitutional program of dragnet communications surveillance conducted by the National Security Agency (the âN.S.A.â) and other defendants in concert with major telecommunications companies.â
Ms. Cohn predicted that Mr. Snowden was âto be a witness in our wiretapping case, and possibly future cases.â Because the Electronic Frontier Foundation expects now to call him as a witness, she added, âI wouldnât represent him, anyway â" Iâd send him to the whistleblower center,â meaning the National Whistleblowers Center in Washington.
Andrew Lewman, executive director of the Tor Project, said, âWe have had no known contact with him.â The Tor Project provides anonymous Internet use and helps people circumvent Internet controls under authoritarian regimes, gets financing from institutions including the State Department, the National Science Foundation and the Knight Foundation. The system was first developed at the United States Naval Research Laboratory to protect government secrets. Mr. Lewman said it was not surprising that he would know nothing of Mr. Snowden. âMany people talk to us anonymously or pseudonymously, so we wonât know their public identity anyway,â he said.
As for the fact that Mr. Snowdenâs laptop sported an E.F.F. sticker, Ms. Cohn said, âWe donât do any tracking of who gets our stickers â" they are freely available.â In fact, the stickers can be seen on the set of âThe IT Crowd,â the British comedy about the anarchic tech support staff of a large corporation. And so, Ms. Cohn added, âThereâs no direct connection that Iâm aware ofâ between Mr. Snowden and the Electronic Frontier Foundation â" âother than that perhaps he thinks weâre right about government surveillance being illegal.â
âIt appears we completely agree that the government has been acting unconstitutionally,â she said.
The federal government has been trying to keep the Electronic Frontier Foundation lawsuit over N.S.A. surveillance from going forward under the so-called state secrets privilege, which can be used to keep national security secrets out of the courts. The foundation has fought those attempts, and officials expect that the recent revelations about the surveillance systems and agreements could help move the case forward.
The government, responding to the new revelations about the surveillance systems, replied on Friday with a request to the judge in the case, Jeffrey S. White, for a delay on any decisions about pending motions until it files a new status report âon further proceedings in this caseâ by July 12.
The filing stated that, âIn recent days there have been several media reports concerning alleged surveillance activities,â including those about the order in the Foreign Intelligence Surveillance Court. Those news reports, the filing said, led the director of national intelligence to order that âcertain information related to the âbusiness recordsâ provision of the Foreign Intelligence Surveillance Act be declassified and immediately released to the public.â
The government asked Judge White to âgrant the government time to consider the effect on the pending motions of the governmentâs decision to declassify certain information, and to consult with plaintiffs concerning the matter.â
John Schwartz writes as @jswatz on Twitter.
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