Breaking -- VICTORY! Court Says Plaintiffs Can Challenge Bush Wiretapping Law

[Donnachaidh]

http://www.aclu.org/blog/national-security/victory-court-says-plaintiffs-can-challenge-bush-wiretapping-law

In a huge victory for privacy and the rule of law, a federal appeals court today reinstated our landmark lawsuit challenging the FISA Amendments Act (FAA), a statute that gives the executive branch virtually unchecked power to collect Americans' international e-mails and telephone calls.

The ACLU filed the lawsuit on behalf of a broad coalition of attorneys and human rights, labor, legal and media organizations whose work requires them to engage in sensitive and sometimes privileged telephone and e-mail communications with colleagues, clients, journalistic sources, witnesses, experts, foreign government officials and victims of human rights abuses located outside the United States.

A federal district court dismissed the case in August 2009, ruling that the plaintiffs did not have the right to challenge the new surveillance law because they could not prove that their own communications had been monitored under it.

But with the support of law professors, the NYC Bar Association, the Reporters' Committee for Freedom of the Press and many others, we appealed that decision to the Second Circuit Court of Appeals.

More at the link --

[aquart]

1. Sanity has invaded our courts.

Who knows how high it could go?

[Frustratedlady]

2. To insanity? Remember some of the recent decisions? n/t

[Drew Richards]

3. Just so there is no confusion...

The FISA act of 1978 was and is an awesome piece of legislation.

Bush ammended it in 2008 with the FISA Amendment Act.

Unlike FISA which did not grant immunity to individuals who participated in electronic surveillance outside the statute;

the FISA Amendments Act, provides immunity for any electronic communication service provider that provides information, facilities, or assistance to the Attorney General and the Director of National Intelligence.

The FISA Amendments Act also expanded the range of persons being targeted by warrant-less electronic surveillance. The FISA Amendments Act permits the FISC to have jurisdiction over a United States person reasonably believed to be located outside the United States in order to acquire foreign intelligence information.

In emergency situations, the Attorney General and the Director of National Intelligence have up to seven days to get certification from the FISC after surveillance has begun. The FISA Amendment Act does not require the government to identify the facilities, telephone lines, email address, places, premises, or property at which the surveillance is directed.

If the FISC finds the certification does not meet the targeting procedures or is inconsistent with the Fourth Amendment, the FISC shall issue an order directing the government to correct the deficiencies within thirty days after the order was issued. However, if the FISC denies the government’s certification, the government may continue its surveillance activities during the appeal process.

According to BUsh Cheney and Yoo this means they can spy on all US citizens all the time...Hench the ATT global packet sniffer Program.

GO GET EM ACLU!!!

[sabrina 1]

4. Thank you. And this is why I believe any donations for political

purposes should go to those who actually fight for our rights, not to politicians, with the exception of a very few. Politicians don't need our small donations, they are well funded by the people they really work for. But everything that has happened that helps the people has happened because lawyers have been fighting in the courts for our rights.

The Government, eg, has done nothing to help people facing foreclosure even though they know many of those foreclosures are illegal. But we have learned just how illegal from the many court cases filed by the few homeowners who were able to afford legal representation.

The ACLU works for the people and even though they do take on some controversial cases we may not agree with, they are fighting for our rights.

Congress gives them away so easily.

Thank YOU all the lawyers who have been fighting for this. I was waiting for the hearings we were promised in Congress AFTER we got a majority, but that has come and gone and nothing happened.

:kick:

[snot]

5. K&R'd. Hope for the rule of law not quite dead yet.