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Constitutional Law Keyed to Choper
Clapper v. Amnesty Int’l USA
Citation:
568 U.S. 398 (2013)Facts
In 2008, Congress enacted the FISA Amendments Act, which included Section 702 (50 U.S.C. §1881a). This provision allows the Attorney General and Director of National Intelligence to authorize surveillance targeting non-U.S. persons reasonably believed to be located outside the United States to acquire foreign intelligence information. Unlike traditional FISA surveillance, Section 702 does not require showing probable cause that the target is a foreign power or agent of a foreign power, nor does it require specifying the nature and location of surveillance facilities. The plaintiffs—attorneys, human rights activists, journalists, and organizations—regularly communicate with individuals abroad whom they believe are likely targets of Section 702 surveillance. They claimed that the risk of surveillance forced them to take costly measures to protect confidential communications, including traveling abroad for in-person meetings and avoiding certain electronic communications. On the day the FISA Amendments Act was enacted, plaintiffs filed suit seeking a declaration that Section 702 is unconstitutional and an injunction against its use.
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