On October 29, 2012, the Supreme Court heard oral argument in Clapper v. Amnesty International USA. This case concerns Congress’s 2008 amendments to the Foreign Intelligence Surveillance Act, which expanded the federal government’s power to engage in electronic surveillance of foreign nationals. In theory, this enhanced surveillance may inadvertently pick up communications with U.S. citizens. The question before the Court is whether US groups and individuals who contend that the amendments exceeded Congress’s authority--but who have submitted no proof demonstrating that their communications would actually be captured by the enhanced surveillance--have standing to bring their challenge in court.
To discuss the case, we have Megan Brown, who is a Partner at Wiley Rein, LLP.