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View Diary: EFF and ACLU Sue NSA (8 comments)

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  •  IANAL (8+ / 0-)

    However, these cases seem to be bolstered by the recent court decision in a previous Electronic Frontier Foundation case that permitted the foundation to proceed with its constitutional challenges to the surveillance intact.

    Be the change you want to see in the world. -Gandhi

    by DRo on Tue Jul 16, 2013 at 01:25:34 PM PDT

    •  Aditionally, (6+ / 0-)
      But the legal landscape may be shifting, lawyers say, because the revelations by Edward Snowden, a former National Security Agency contractor and the principal source of the leaks, forced the government to acknowledge the programs and discuss them. That, they say, could help plaintiffs overcome government arguments that they lack the legal standing to sue or that cases should be thrown out because the programs are state secrets. A federal judge in California last week rejected the government’s argument that an earlier lawsuit over NSA surveillance should be dismissed on secrecy grounds.

      “There is one critical difference from the Bush era. We now have indisputable physical evidence that the conduct being challenged is actually taking place,’’ said Stephen Vladeck, an expert on national security law at American University law school. He said Snowden’s disclosures make it “more likely” that cases will at least be allowed to go forward in court, leading to a years-long legal battle over surveillance and privacy.

      Be the change you want to see in the world. -Gandhi

      by DRo on Tue Jul 16, 2013 at 02:14:59 PM PDT

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