Clapper v. Amnesty International

In 1978, after years of debate, Congress enacted the Foreign Intelligence Surveillance Act (FISA) to authorize and regulate certain governmental electronic surveillance of communications for foreign intelligence purposes. When Congress enacted the FISA Amendments Act of 2008, it left much of FISA intact, but it established a new and independent source of intelligence collection authority, beyond that granted in traditional FISA. The amended version does not require the Government to demonstrate probable cause that the target of the electronic surveillance is a foreign power or agent of a foreign power. Also, it does not require the Government to specify the nature and location of each of the particular facilities or places at which the electronic surveillance will occur. Respondents are attorneys and human rights, labor, legal and media orgnizations whose work allegedly requires them to engage in sensitive and sometimes privileged telephone and email communications with colleagues, clients and others located abroad. Believing that some of the people with whom they exchange foreign intelligence information are likely targets of surveillance under the FISA, they claimed that they can establish injury in fact that is traceable to FISA.