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    Monday
    1 December 2008

    ACLU and EFF suits challenge FISA Amendments

    American Civil Liberties Union

    ACLU

    The American Civil Liberities Union filed a Motion For Leave To Participate In FISC Proceedings Required By The FISA Amendments Act Of 2008 in the Foreign Intelligence Surveillance Act (FISA) court, requesting that all proceedings regarding the constitutionality of the FISA law be open to the public and transparent.  This is contrary to how the secretive FISA court normally operates.  As part of the action the ACLU requests that the proceedings be adversarial (i.e., that the ACLU or others as opposed to just the Government can participate in the FISA court).

    Electronic Frontier Foundation

    Electronic Frontier Foundation

    Additionally the ACLU filed another action in federal court in the Southern District of New York, alleging that the terms of which grants massive new warrantless eavesdropping powers in the President violate the Fourth Amendment of the U.S. Constitution.

    The ACLU’s lawsuits do not challenge the constitutionality of the telecom immunity provisions of the FISA Amendments Act of 2008 because those sections will be challenged by Electronic Frontier Foundation and local/affiliate ACLU groups in separate actions regarding NSA Spying.


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