EFF Wins Key Rulings Against Mass Surveillance, Prepares New Lawsuit
EFF obtained release of secret surveillance court rulings and filed a new 2025 lawsuit against U.S. mass spying.
Why it matters: Legal teams must understand these rulings as they affect surveillance laws, government transparency, and litigation strategies against data overcollection.
- In August 2022, EFF won release of seven secret Foreign Intelligence Surveillance Court rulings after seven years of litigation.
- EFF filed a 2025 lawsuit challenging the U.S. Department of State’s surveillance of protected speech by noncitizens in the U.S.
- Courts rejected government attempts to dismiss mass surveillance cases using the state secrets privilege, allowing legal challenges to proceed.
- In March 2026, Nicole Ozer succeeded Cindy Cohn as EFF’s executive director, signaling continuity in privacy advocacy efforts.
The Electronic Frontier Foundation (EFF) has secured critical legal wins against government mass surveillance programs that threaten privacy rights.
After a prolonged seven-year lawsuit, EFF compelled the Foreign Intelligence Surveillance Court (FISC) to release seven heavily redacted rulings in August 2022. These rulings provide uncommon judicial insight into how surveillance laws are applied, especially regarding bulk collection of telephone and internet records.
In 2025, EFF took legal action against the U.S. Department of State, filing a lawsuit challenging mass surveillance programs that monitored constitutionally protected speech by noncitizens lawfully present in the U.S. This lawsuit, detailed on EFF’s cases page, highlights ongoing concerns over government spying on immigrant communities and raises questions about constitutional protections.
Former EFF executive director Cindy Cohn noted courts’ refusal to dismiss surveillance cases based on the "state secrets privilege," a legal doctrine where the government claims certain evidence cannot be disclosed for national security. The courts’ rejection keeps challenges against sweeping surveillance underway and affirms judicial oversight.
In March 2026, Nicole Ozer became the new EFF executive director, succeeding Cindy Cohn. Ozer’s leadership promises continued advocacy on privacy and government accountability issues relevant to advancing technology. This transition was reported by Ars Technica.
These developments are significant for legal professionals focused on privacy, surveillance law, and civil liberties. They illustrate evolving judicial scrutiny over government surveillance and inform compliance and litigation strategies around data privacy.
By the numbers:
- 7 years — Duration of litigation prompting release of secret FISC rulings
- 7 rulings — Number of secret surveillance court opinions released in August 2022
- 2025 — Year EFF filed lawsuit against mass surveillance of noncitizens
Yes, but: While courts rejected the state secrets privilege in key cases, some rulings remain heavily redacted, limiting full transparency on government surveillance programs.
What's next: Legal experts anticipate further litigation stemming from the 2025 lawsuit, with potential implications for surveillance law and constitutional speech protections.