FISA

Government Engages In Shell Game To Avoid Review Of Warrantless Wiretapping

Government Engages In Shell Game To Avoid Review Of Warrantless Wiretapping

By Patrick C. Toomey, Staff Attorney, ACLU National Security Project at 3:51pm
Less than a year ago, the government convinced the Supreme Court to dismiss the ACLU's constitutional challenge to the FISA Amendments Act (FAA)—the controversial warrantless wiretapping statute that is the legal basis for the PRISM program—because our clients couldn't prove that they had been monitored under it. The government repeatedly assured the court that such a restrictive view of who could challenge the law would not forever prevent court review, because criminal defendants who were prosecuted based on evidence obtained under the FAA would be informed of such and would then be able to challenge the statute. Based in part on this assurance, the Supreme Court in February of this year dismissed the case, Clapper v. Amnesty, in a 5–4 vote.
ACLU and Yale Clinic Seek Secret Court Opinions Authorizing NSA’s Bulk Collection of Americans’ Records

ACLU and Yale Clinic Seek Secret Court Opinions Authorizing NSA’s Bulk Collection of Americans’ Records

By Brett Max Kaufman, Legal Fellow, ACLU National Security Project at 3:00pm

Today, we filed our second motion in five months in the Foreign Intelligence Surveillance Court (FISC) asking for public access to secret court opinions authorizing government surveillance en masse. The motion seeks to uncover the original and complete…

House to Vote on FISA Amendments Act Wednesday

House to Vote on FISA Amendments Act Wednesday

By Michelle Richardson, Legislative Counsel, ACLU Washington Legislative Office at 5:39pm

It’s back. On Wednesday the House of Representatives is scheduled to vote on a five-year reauthorization of the FISA Amendments Act (FAA), the 2008 law that legalized the Bush administration’s warrantless wiretapping program and more. It…

VIDEO: NSA Whistleblower Explains How the U.S. Government Is Spying on Every Single Electronic Communication You Have

VIDEO: NSA Whistleblower Explains How the U.S. Government Is Spying on Every Single Electronic Communication You Have

By Josh Bell, Media Strategist, ACLU at 1:37pm

An amazing video posted on The New York Times website today lays out in chilling detail how the National Security Agency is sucking up every piece of communication data in America – from phone calls to emails to cell phone location – and…

ACLU Lens: Court Rules Challenge to Warrantless Wiretapping Law Can Proceed

By Ateqah Khaki at 3:21pm

In a very significant development, yesterday a federal appeals court ruled that our lawsuit challenging warrantless wiretapping can proceed. The law that we’re challenging, the FISA Amendments Act (FAA) of 2008, is the most far-reaching…

A Call for FBI Reform

A Call for FBI Reform

By Matthew Harwood, Media Strategist, ACLU at 12:00pm

Early this summer, the Guardian published a monster story. According to a document it obtained from a government whistleblower...

NSA Surveillance: No Checks, No Balance

NSA Surveillance: No Checks, No Balance

By Jameel Jaffer, ACLU Deputy Legal Director and Director of ACLU Center for Democracy at 1:18pm

About two weeks ago, Sens. Patrick Leahy and Chuck Grassley, the chairman and ranking member of the Senate Judiciary Committee, wrote a letter to the secret Foreign Intelligence Surveillance Court asking questions about the court's operations in advance…

Let's Check James Comey's Bush Years Record Before He Becomes FBI Director

Let's Check James Comey's Bush Years Record Before He Becomes FBI Director

By Laura W. Murphy, Director, ACLU Washington Legislative Office at 4:26pm

This piece originally appeared at the Guardian.

It had the air of Hollywood. On the night of 10 March 2004, James Comey, the nominee to lead the FBI for the next ten years, rushed to the hospital bedside of his terribly ill boss, Attorney General…

Next Monday at the Supreme Court: Trying to Stop the NSA’s Unconstitutional Overreach

Next Monday at the Supreme Court: Trying to Stop the NSA’s Unconstitutional Overreach

By Josh Bell, Media Strategist, ACLU at 3:38pm

The next time you send an email or make a phone call to a friend outside the country, consider this: the National Security Agency could be making a copy of your communication and storing it.

The Surveillance Memos, and a Suggestion for Jack Goldsmith

By Jameel Jaffer, ACLU Deputy Legal Director and Director of ACLU Center for Democracy at 1:55pm

As I noted in a previous post, the two Bush administration surveillance memos we obtained last Friday are very heavily redacted. They’re interesting nonetheless.

The first memo, written by Office of Legal Counsel lawyer John Yoo…

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