Jump to content
Sign in to follow this  
I AM NOT THAT GUY

Supreme Court to hear government eavesdropping appeal

1 post in this topic

Recommended Posts

Filed: Timeline

(Reuters) - The Supreme Court agreed on Monday to hear an Obama administration appeal arguing that attorneys, journalists and human rights groups have no right to sue over a law making it easier for U.S. intelligence agencies to eavesdrop on foreign communications.

The justices said they would review a ruling by a U.S. appeals court in New York that the plaintiffs have the legal right to proceed with their challenge to a 2008 amendment to the law, the Foreign Intelligence Surveillance Act.

The section at issue allows intelligence agencies to eavesdrop on overseas communications, including phone calls and e-mails, more widely and with less judicial oversight than in the past.

The change meant the U.S. government does not have to submit to a special judge an individualized application to monitor a non-American overseas. Instead, the U.S. attorney general and the director of national intelligence can apply for mass surveillance authorization from the judge.

The American Civil Liberties Union (ACLU) sued the attorney general and the director of national intelligence in 2008 in challenging the law as unconstitutional.

The plaintiffs argued they had the legal standing to proceed with their lawsuit because they suspected their communications with people abroad were being monitored.

They said they had reasonable fear of injury from the surveillance and had to take costly, burdensome steps to protect the confidentiality of their communications.

The appeals court agreed and reversed a ruling by a federal judge who dismissed the lawsuit on the grounds the plaintiffs lacked the standing to sue because they could not show they had been actually harmed by the surveillance.

The appeals court did not address the merits of the constitutional challenge and that issue will not be before the Supreme Court either.

But even on the standing issue, the Obama administration cited national security in its appeal.

Solicitor General Donald Verrilli said Congress in adopting the law regulated "the nation's exceedingly important need to conduct foreign intelligence surveillance" targeting certain non-Americans. The litigation threatened to disrupt important activities "protecting the national security," he said.

The ACLU opposed the government's appeal.

"It's crucial that the government's surveillance activities be subject to constitutional limits, but the administration's argument would effectively insulate the most intrusive surveillance programs from judicial review," Jameel Jaffer, the ACLU's deputy legal director, said.

The Supreme Court will hear arguments in the case during its upcoming term that begins in October, with a ruling likely early next year.

The Supreme Court case is James Clapper v. Amnesty International USA, No. 11-1025.

http://www.reuters.com/article/2012/05/21/us-usa-security-surveillance-idUSBRE84K0QP20120521

Share this post


Link to post
Share on other sites
 

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...