For advocates of consumer privacy rights, it has been only the worst of times. The recent revelations about the extent of the National Security Agency’s surveillance on ordinary Americans have uncovered—in the words of the first court considering the issues—an “almost Orwellian” intrusion into the privacy of Americans.
The story began last year, as most already know, with the disclosure by former NSA contractor Edward Snowden about the surveillance activities of the NSA. Snowden’s disclosures were amplified and broadcast worldwide after being investigated more thoroughly by several media outlets, including chiefly the United Kingdom’s The Guardian. But as interesting as the journalists’ stories may have been, it is always hard for lawyers to separate truth from op-ed and real facts from fabrications. After all, news stories are simply unmatched in credibility when compared to affidavits, declarations, court pleadings, and other usual attorney fodder.
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