Supreme Court to Hear Amnesty FISA Challenge

us supreme courtThe United States Supreme Court decided yesterday to hear an important case related to warrantless government surveillance and the Foreign Intelligence Surveillance Amendments Act of 2008:  Amnesty et al v. Clapper.

Amnesty, other NGOs, journalists and attorneys are being represented by the American Civil Liberties Union. “Clapper” refers to James R. Clapper, Jr., the Director of National Intelligence.

The issue before the Court is whether we can challenge the constitutionality of the FISA Amendments Act, which basically allows “dragnet” surveillance of emails and phone calls without warrant and without sufficient independent judicial oversight.

Our argument is that we have standing to challenge the law’s constitutionality because as human rights advocates, journalists and attorneys, we rely on confidentiality in our international communications with victims of human rights abuses, whistle-blowers and government officials–and our work is severely impacted by the law. 

The Obama administration claims that we don’t have standing in the case because we can’t prove that we are impacted—i.e., subject to surveillance. But how can we prove such a thing when the information about who the government monitors is secret and the process of surveillance is designed to be undetectable?