Secrecy News – Supreme Court urged to grant standing in surveillance challenge

SUPREME COURT URGED TO GRANT STANDING IN SURVEILLANCE CHALLENGE

In its new term that began yesterday, the U.S. Supreme Court will hear
arguments over whether to affirm the right of journalists and human rights
organizations to challenge the constitutionality of the Foreign
Intelligence Surveillance Act (FISA) Amendments Act, or FAA.

The FISA Amendments Act authorizes the collection of a broad swath of
public communications without a warrant (though not the intentional
targeting of the communications of any particular U.S. person).  As such,
critics say, it jeopardizes freedom of communication with individuals
abroad.

At issue is whether the plaintiffs, represented by the American Civil
Liberties Union, have the "standing" to bring the case.  A lower court said
they did not, but an appeals court said they did.  It will be up to the
Supreme Court to decide the case, which is captioned Amnesty et al v.
Clapper.

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

The Electronic Privacy Information Center filed an amicus brief (which I
co-signed) urging the Court to affirm standing on grounds that the
plaintiffs have established a reasonable concern about the security of
their communications, and that existing oversight mechanisms are
inadequate.

        http://epic.org/amicus/fisa/clapper/EPIC-Amicus-Brief.pdf

"This threat to privacy is especially acute given the capabilities of the
National Security Agency and the absence of meaningful oversight. Where
enormous surveillance capabilities and blanket secrecy coexist, the public
may reasonably fear the interception and collection of private
communications," the EPIC brief stated.

Furthermore, the current structure "lacks significant public oversight and
accountability."

"The public, the judiciary (but for the FISC [Foreign Intelligence
Surveillance Court]) and almost all Members of Congress are kept in the
dark as to the most extensive electronic surveillance program undertaken by
the US government. While the DNI and Attorney General provide internal
reporting requirements, none of this information is made available to the
whole Congress or the public broadly, and thus no meaningful public
oversight can occur."

"When the law gives new authority to conduct electronic surveillance,
there should also be new means of oversight and accountability. The FISA
Amendments Act fails this test," the brief said.

STATUS OF IRAN'S NUCLEAR PROGRAM, AND MORE FROM CRS

New and newly updated reports from the Congressional Research Service
which have not been made publicly available include the following.

Iran's Nuclear Program: Status, updated September 26, 2012:

        http://www.fas.org/sgp/crs/nuke/RL34544.pdf

Israel: Possible Military Strike Against Iran's Nuclear Facilities,
updated September 28, 2012:

        http://www.fas.org/sgp/crs/mideast/R42443.pdf

Senkaku (Diaoyu/Diaoyutai) Islands Dispute: U.S. Treaty Obligations,
September 25, 2012:

    http://www.fas.org/sgp/crs/row/R42761.pdf

Armenia, Azerbaijan, and Georgia: Political Developments and Implications
for U.S. Interests, updated September 27, 2012:

        http://www.fas.org/sgp/crs/row/RL33453.pdf

Military Medical Care: Questions and Answers, updated September 27, 2012:

        http://www.fas.org/sgp/crs/misc/RL33537.pdf

The Family and Medical Leave Act (FMLA): An Overview, September 28, 2012:

        http://www.fas.org/sgp/crs/misc/R42758.pdf

Fannie Mae's and Freddie Mac's Financial Status: Frequently Asked
Questions, September 27, 2012:

        http://www.fas.org/sgp/crs/misc/R42760.pdf

Surface Transportation Funding and Programs Under MAP-21: Moving Ahead for
Progress in the 21st Century Act (P.L. 112-141), September 27, 2012:

        http://www.fas.org/sgp/crs/misc/R42762.pdf

The Exon-Florio National Security Test for Foreign Investment, updated
October 1, 2012:

        http://www.fas.org/sgp/crs/natsec/RL33312.pdf

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_______________________
Steven Aftergood
Project on Government Secrecy
Federation of American Scientists
web:    www.fas.org/sgp/index.html
email:  saftergood@fas.org
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