Supreme Court Standing Case Has Implications for Privacy Litigation

On February 26, the U.S. Supreme Court ruled in Clapper v. Amnesty International that a group of U.S. citizens and U.S.-based organizations did not have standing to challenge the constitutionality of a provision of the Foreign Intelligence Surveillance Act (FISA) that allows the U.S. Government to monitor the electronic communications of non-U.S. persons located on foreign soil.  The Court—which decided the case by a 5-4 vote that was split down ideological lines—based its decision on the fact that the respondents could not establish that their own communications were or would be the subject of surveillance conducted pursuant to the provision of FISA at issue.

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