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"What is the significance of the CLAPPER v.
AMNESTY INTERNATIONAL USA case for surveillance laws and civil liberties?"
Article III Standing: The Supreme Court's decision in Clapper v.
Amnesty International USA is significant because it redefined the concept of Article III standing, which requires a plaintiff to show a concrete and particularized injury in fact.
FISA Amendments Act of 2008: The FISA Amendments Act of 2008 amended the Foreign Intelligence Surveillance Act of 1978, allowing for the collection of communications of non-US citizens who are located outside the US, even if they have no connection to the US.
Targeted Surveillance: The FAA authorizes the government to conduct targeted surveillance of communications of non-US citizens if they are believed to be involved in terrorism or other national security threats.
Whistleblower Protection: The FAA also protects whistleblowers who disclose information about government surveillance programs, giving protections to employees of the government and corporations who report surveillance activities.
Electronic Surveillance: The FAA allows for electronic surveillance of international communications of non-US citizens, as long as the communications are not in the United States.
Judicial Review: The Clapper v.
Amnesty International USA case highlights the limitations of judicial review in national security cases, as the Court deemed that the plaintiffs lacked standing to bring the lawsuit.
Separation of Powers: The case also highlights the tension between the political branches and the judicial branch, as the Court's decision was criticized by some lawmakers and civil liberties advocates.
Surveillance Powers: The FBI's surveillance powers under the FAA are not limited to communications with foreign intelligence agencies, but also includes surveillance of communications with individuals who are not suspected of any wrongdoing.
Need for Transparency: The Clapper v.
Amnesty International USA case underscores the need for transparency and accountability in government surveillance programs.
Limited Judicial Oversight: The case highlights the limited judicial oversight of national security programs, which has sparked debates about the balance between national security and civil liberties.
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