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... supports Professor William Snyder's sections of National Security Law, Counterterrorism Law, and Prosecuting Terrorists at the Syracuse University College of Law.

Clapper v. Amnesty International USA

The constitutionality of Title VII of the Foreign Intelligence Surveillance Act (FISA) is being challenged. FISA provides procedural guidance for physical and electronic surveillance and collection of foreign intelligence information. As discussed in a CRS Report, in 2008 Congress added Title VII to the Act, creating new and separate surveillance procedures for U.S. citizens abroad as well as non-U.S. citizens. After Title VII was enacted, a group of organizations challenged the procedures as violative of the Fourth Amendment rights of those affected by Title VII. Specifically, the organizations alleged that Congress effectively authorized the acquisition of international communications without probable cause and, thus, without a court order. However, this issue was never resolved because the government challenged whether the plaintiffs had standing in the dispute. The issue of standing is currently pending in the United States Supreme Court.

Briefs and Documents

Amicus brief in support of petitioners here. (John D. Ashcroft, et al.)

Amicus brief in support of petitioner here. (William Barr, et al.)

Merits brief of petitioners here. (James R. Clapper Jr., Director of National Intelligence et al.)

United States Court of Appeals, Second Circuit Opinion here.

Petition for writ of certiorari to United States Supreme Court here.

Brief in opposition here.

Reply of petitioners here. (USSC)

Oral arguments will be heard in the United States Supreme Court on October 29, 2012.

3 Responses to “Clapper v. Amnesty International USA”

  1. […] week the U.S. Supreme Court (USSC) issued a decision in the much talked about case Clapper v. Amnesty International. As you may recall, the respondents in this case (petitioners below)—attorneys and human rights, […]

  2. […] the standing argument and the comparison the D.C. District Court made to the Supreme Court case, Clapper v. Amnesty International, from earlier this year.  Wednesday, this case will wrap up with a discussion of the Plaintiffs’ […]

  3. […] fairly brief report uses cases such as Clapper v. Amnesty International (see also here), and to a lesser extent, ACLU v. Clapper and Klayman v. Obama to review the […]

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