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Appeals Court Revives Lawsuit Challenging NSA Surveillance of Americans

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kpete Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 08:34 PM
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Appeals Court Revives Lawsuit Challenging NSA Surveillance of Americans
Edited on Mon Mar-21-11 08:37 PM by kpete
Source: Wired



Source: Wired

Its easy to forget these days, but former President George W. Bushs illegal warrantless surveillance program was never halted by Congress, nor by the Obama administration. It was merely legalized in a 2008 law called the FISA Amendments Act. That means the surveillance of Americans international phone calls and internet use complete with secret rooms in AT&T data centers around the country is likely still ongoing.

On Monday, a federal appeals court reinstated a key legal challenge to that surveillance: a lawsuit filed by the ACLU and others within hours of the FISA Amendments Act (.pdf) being signed into law. The lawsuit attacks the constitutionality of the legislation, which allows the government to electronically eavesdrop on Americans without a probable-cause warrant, so long as one of the parties to the communication resides outside the United States, and is suspected of a link to terrorism.

The decision by the 2nd U.S. Circuit Court of Appeals means the ACLU, and other rights groups involved in the suit, might get their day in court. This is a really big victory, said ACLU spokeswoman Rachel Myers. The ruling is that you dont have to prove youve been spied on to challenge an unlawful spy act.

The "secret room" in AT&T's Folsom Street office in San Francisco is believed to be one of several internet wiretapping facilities at AT&T offices around the country feeding data to the NSA. (Photo: Mark Klein)





Read more: http://www.wired.com/threatlevel/2011/03/warrantless-ea... /



http://www.aclu.org/national-security/amnesty-et-al-v-b...

From the ruling :
The plaintiffs have good reason to believe that their communications in particular, will fall within the scope of the broad surveillance that they can assume the government will conduct. The plaintiffs testify that in order to carry out their jobs they must regularly communicate by telephone and e-mail with precisely the sorts of individuals that the government will most likely seek to monitor i.e., individuals the U.S. government believes or believed to be associated with terrorist organizations, political and human rights activists who oppose governments that are supported economically or militarily by the U.S. government, and people located in geographical areas that are a special focus of the U.S. governments counterterrorism or diplomatic efforts. The plaintiffs assessment that these individuals are likely targets of surveillance is reasonable, and the government has not disputed that assertion.
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cui bono Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 08:41 PM
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1. KnR for civil rights. n/t
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annabanana Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 08:52 PM
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2. Card Carrying Member for ever . . . . . n/t!
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Solly Mack Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 08:56 PM
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iwishiwas Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 08:58 PM
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4. I remember this issue.
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KoKo Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-11 09:47 PM
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