The Electronic Frontier Foundation (EFF) filed a new brief in response to a government opposition against a summary judgment motion.

In its Jewel v. NSA lawsuit, the EFF contends that the National Security Agency (NSA) violated Fourth Amendment rights by tapping into the internet backbone at an AT&T facility in San Francisco, according to a blog post

The EFF wrote in its brief that the government attempts to go around the Fourth Amendment and that the government, “contends that if one of its purposes for the copying and searching the communications is foreign intelligence, then the circumvention is complete, and the internet has for all practical purposes become a Fourth-Amendment-free zone.”

The brief touches on the idea of tapping into fiber optic cables as a seizure of individuals’ “papers” and “effects,” as well as a quick search through messages still constituting a violation of the Fourth Amendment.