Amnesty et al. v. Blair: FISA Amendment Act Challenge
(Formerly Amnesty et al. v. McConnell)
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In July 2008, Congress passed the FISA Amendments Act (FAA) of 2008, giving the National Security Agency (NSA) virtually limitless power to spy on Americans' international phone calls and emails. This controversial piece of legislation not only effectively legalized the secret warrantless surveillance program that President Bush had authorized in late 2001, it gave the NSA new power to conduct dragnet surveillance of Americans' international telephone calls and e-mails en masse, without a warrant, without suspicion of any kind, and with only very limited judicial oversight.
Less than twenty-four-hours after the bill was signed into law by President Bush the ACLU filed a lawsuit challenging the sweeping new spying power established by the FAA. The case, Amnesty v. Blair, was filed on behalf of a broad coalition of attorneys and human rights, labor, legal and media organizations whose work requires them to engage in sensitive and sometimes privileged telephone and e-mail communications with individuals located outside the United States.
Timeline
July 2008: FISA Amendments Act of 2008 is signed into law by President Bush. The ACLU files a lawsuit in the U.S. District Court for the Southern District of New York challenging the constitutionality of the new law.
August 2009: The district court dismisses the lawsuit on "standing" grounds because plaintiffs could not prove with certainty that they had been spied on. The court's legal analysis would have the effect of placing the FAA – and other broad surveillance laws – permanently beyond the scope of judicial review.
October 2009: The ACLU appeals the district court's dismissal of the lawsuit.
December 2009: The ACLU files its principal brief on appeal. "Friend-of-the-court" briefs in support of the ACLU are filed by the Brennan Center and other civil liberties and privacy groups; Reporters Committee for Freedom of the Press; the Association of the Bar of the City of New York; and a coalition of law professors.
Case Content
12/23/2009 | Surveillance
Amnesty et al. v. Blair - Brief of Law Professors as Amici Curiae in Support of Plaintiffs-Appellants
12/23/2009 | Surveillance
Amnesty et al. v. McConnell - Brief Amicus Curiae of the New York City Bar Association in Support of Plaintiffs-Appellants
12/23/2009 | Surveillance
Amnesty et al. v. Blair - Brief Amicus Curiae of the Reporters' Committee for Freedom of the Press in Support of Plaintiffs-Appellants
12/23/2009 | Surveillance
Amnesty et al. v. McConnell - Brief Amicus Curiae of Brennan Center for Justice, et al., in Support of Plaintiffs-Appellants
12/17/2009 | New York | Keep America Safe & Free, Surveillance
Lawsuit Challenging Unconstitutional Spying Should Be Reinstated, Says ACLU
12/17/2009 | New York | Keep America Safe & Free, Surveillance
Amnesty, et al. v. Blair - Brief for the Plaintiffs-Appellants
10/1/2009 | New York | Keep America Safe & Free, Surveillance
ACLU Asks Court To Reinstate Challenge To Spying Law
8/20/2009 | New York | Keep America Safe & Free, Surveillance, Technology and Liberty
Dismissal Of ACLU Challenge To Unconstitutional Spying Law Jeopardizes Americans' Privacy
8/20/2009 | New York | Keep America Safe & Free, Surveillance
Amnesty, et al. v. Blair - Opinion and Order
4/28/2009 | Keep America Safe & Free, Surveillance
Amnesty v. Blair - Government's Letter Re Reported Abuse Of FAA
4/22/2009 | Keep America Safe & Free, Surveillance
Amnesty v. Blair - Plaintiffs' Letter Re Reported Abuse Of FAA
3/9/2009 | Keep America Safe & Free, Surveillance
Amnesty v. Blair - Government's Letter In Further Response To Plaintiffs' Motion For Disclosure
2/23/2009 | Keep America Safe & Free, Surveillance
Amnesty v. Blair - Government's Letter In Response To Plaintiffs' Motion For Disclosure
2/4/2009 | Keep America Safe & Free, Surveillance
Amnesty v. Blair - Plaintiffs' Letter Re In Re Directives
2/4/2009 | Keep America Safe & Free, Surveillance
Amnesty v. Blair - Plaintiffs' Memo Of Law In Support Of Motion For Disclosure
1/27/2009 | Keep America Safe & Free, Surveillance
Amnesty v. McConnell - Government's Letter Re In Re Directives
1/16/2009 | Keep America Safe & Free, Surveillance
Amnesty et al. v. McConnell - Defendants' Reply Memorandum in Support of Defendants' Cross-Motion for Summary Judgment
12/19/2008 | Keep America Safe & Free, Surveillance
Amnesty et al. v. McConnell - Brief Amicus Curiae of the New York City Bar Association in Support of Plaintiffs' Motion for Summary Judgment
12/19/2008 | Keep America Safe & Free, Surveillance
Amnesty et al. v. McConnell - Brief Amicus Curiae of the Reporters Committee for Freedom of the Press in Support of Plaintiffs' Motion for Summary Judgment
12/19/2008 | Keep America Safe & Free, Surveillance
Amnesty et al. v. McConnell - Brief Amicus Curiae of the Rutherford Institute and the Brennan Center for Justice in Support of Plaintiffs' Motion for Summary Judgment
12/12/2008 | Keep America Safe & Free, Surveillance
Amnesty v. McConnell - Plaintiffs' Supplemental Statement of Undisputed Facts
12/12/2008 | Keep America Safe & Free, Surveillance
Amnesty v. McConnell - Reply in Support of Plaintiffs' Motion for Summary Judgment
12/11/2008 | Keep America Safe & Free, Surveillance
Amnesty v. McConnell - Declaration of Professor Christopher L. Hedges
12/9/2008 | Keep America Safe & Free, Surveillance
Amnesty v. McConnell - Declaration of Steven M. Bellovin
12/8/2008 | Keep America Safe & Free, Surveillance
Amnesty v. McConnell - Declaration of Professor Stephen Gillers
12/1/2008 | Keep America Safe & Free, Surveillance
Amnesty v. McConnell - Declaration of Scott McKay
10/28/2008 | Keep America Safe & Free, Surveillance
Amnesty et al. v. McConnell - Defendants' Response to Plaintiffs' Statement of Undisputed Facts in Support of Plaintiffs' Motion for Summary Judgment
10/28/2008 | Keep America Safe & Free, Surveillance
Amnesty et al. v. McConnell - Defendants' Memo in Opposition to Summary Judgment
9/12/2008 | New York | Keep America Safe & Free, Surveillance
ACLU Asks Court To Strike Down Unconstitutional Spying Law
9/12/2008 | Keep America Safe & Free, Surveillance
Amnesty v. McConnell - Memo in Support of Motion for Summary Judgment
9/12/2008 | Keep America Safe & Free, Surveillance
Amnesty v. McConnell - Plaintiffs' Motion for Summary Judgment
9/12/2008 | Keep America Safe & Free, Surveillance
Amnesty v. McConnell - Statement of Undisputed Facts in Support of Plaintiffs' Motion for Summary Judgment
9/11/2008 | New York | Keep America Safe & Free, Surveillance
Amnesty v. McConnell - Declaration of John Walsh
9/11/2008 | New York | Keep America Safe & Free, Surveillance
Amnesty v. McConnell - Declaration of Sylvia Royce
9/11/2008 | New York | Keep America Safe & Free, Surveillance
Amnesty v. McConnell - Declaration of Joanne Mariner
9/11/2008 | New York | Keep America Safe & Free, Surveillance
Amnesty v. McConnell - Declaration of Naomi Klein
9/11/2008 | New York | Keep America Safe & Free, Surveillance
Amnesty v. McConnell - Declaration of Jameel Jaffer
10/10/2007 | Keep America Safe & Free, Surveillance
ACLU Response to President Bush’s Request for Telecom Amnesty, Civil Liberties Group Lauds House Committee Vote to Reject Telecom Immunity
9/20/2007 | Keep America Safe & Free, Surveillance
The ACLU Urges Congress to Be Skeptical of Administration Claims on FISA
9/18/2007 | Keep America Safe & Free, Surveillance
ACLU Urges House Panel to Get Answers From Spy Chief, Says FISA Legislation Needs to Be Fixed, Not Misrepresented
9/5/2007 | Keep America Safe & Free, Surveillance
Written Testimony of Caroline Fredrickson, Director of the ACLU Washington Legislative Office, Submitted to the House Judiciary Committee for a Hearing on the Foreign Intelligence Surveillance Act
12/17/2009 | New York | Keep America Safe & Free, Surveillance
Lawsuit Challenging Unconstitutional Spying Should Be Reinstated, Says ACLU
10/1/2009 | New York | Keep America Safe & Free, Surveillance
ACLU Asks Court To Reinstate Challenge To Spying Law
8/20/2009 | New York | Keep America Safe & Free, Surveillance, Technology and Liberty
Dismissal Of ACLU Challenge To Unconstitutional Spying Law Jeopardizes Americans' Privacy
9/12/2008 | New York | Keep America Safe & Free, Surveillance
ACLU Asks Court To Strike Down Unconstitutional Spying Law
10/10/2007 | Keep America Safe & Free, Surveillance
ACLU Response to President Bush’s Request for Telecom Amnesty, Civil Liberties Group Lauds House Committee Vote to Reject Telecom Immunity
12/23/2009 | Surveillance
Amnesty et al. v. Blair - Brief of Law Professors as Amici Curiae in Support of Plaintiffs-Appellants
12/23/2009 | Surveillance
Amnesty et al. v. McConnell - Brief Amicus Curiae of the New York City Bar Association in Support of Plaintiffs-Appellants
12/23/2009 | Surveillance
Amnesty et al. v. Blair - Brief Amicus Curiae of the Reporters' Committee for Freedom of the Press in Support of Plaintiffs-Appellants
12/23/2009 | Surveillance
Amnesty et al. v. McConnell - Brief Amicus Curiae of Brennan Center for Justice, et al., in Support of Plaintiffs-Appellants
12/17/2009 | New York | Keep America Safe & Free, Surveillance
Amnesty, et al. v. Blair - Brief for the Plaintiffs-Appellants
8/20/2009 | New York | Keep America Safe & Free, Surveillance
Amnesty, et al. v. Blair - Opinion and Order
4/28/2009 | Keep America Safe & Free, Surveillance
Amnesty v. Blair - Government's Letter Re Reported Abuse Of FAA
4/22/2009 | Keep America Safe & Free, Surveillance
Amnesty v. Blair - Plaintiffs' Letter Re Reported Abuse Of FAA
3/9/2009 | Keep America Safe & Free, Surveillance
Amnesty v. Blair - Government's Letter In Further Response To Plaintiffs' Motion For Disclosure
2/23/2009 | Keep America Safe & Free, Surveillance
Amnesty v. Blair - Government's Letter In Response To Plaintiffs' Motion For Disclosure
2/4/2009 | Keep America Safe & Free, Surveillance
Amnesty v. Blair - Plaintiffs' Letter Re In Re Directives
2/4/2009 | Keep America Safe & Free, Surveillance
Amnesty v. Blair - Plaintiffs' Memo Of Law In Support Of Motion For Disclosure
1/27/2009 | Keep America Safe & Free, Surveillance
Amnesty v. McConnell - Government's Letter Re In Re Directives
1/16/2009 | Keep America Safe & Free, Surveillance
Amnesty et al. v. McConnell - Defendants' Reply Memorandum in Support of Defendants' Cross-Motion for Summary Judgment
12/19/2008 | Keep America Safe & Free, Surveillance
Amnesty et al. v. McConnell - Brief Amicus Curiae of the New York City Bar Association in Support of Plaintiffs' Motion for Summary Judgment
12/19/2008 | Keep America Safe & Free, Surveillance
Amnesty et al. v. McConnell - Brief Amicus Curiae of the Reporters Committee for Freedom of the Press in Support of Plaintiffs' Motion for Summary Judgment
12/19/2008 | Keep America Safe & Free, Surveillance
Amnesty et al. v. McConnell - Brief Amicus Curiae of the Rutherford Institute and the Brennan Center for Justice in Support of Plaintiffs' Motion for Summary Judgment
12/12/2008 | Keep America Safe & Free, Surveillance
Amnesty v. McConnell - Plaintiffs' Supplemental Statement of Undisputed Facts
12/12/2008 | Keep America Safe & Free, Surveillance
Amnesty v. McConnell - Reply in Support of Plaintiffs' Motion for Summary Judgment
12/11/2008 | Keep America Safe & Free, Surveillance
Amnesty v. McConnell - Declaration of Professor Christopher L. Hedges
12/9/2008 | Keep America Safe & Free, Surveillance
Amnesty v. McConnell - Declaration of Steven M. Bellovin
12/8/2008 | Keep America Safe & Free, Surveillance
Amnesty v. McConnell - Declaration of Professor Stephen Gillers
12/1/2008 | Keep America Safe & Free, Surveillance
Amnesty v. McConnell - Declaration of Scott McKay
10/28/2008 | Keep America Safe & Free, Surveillance
Amnesty et al. v. McConnell - Defendants' Response to Plaintiffs' Statement of Undisputed Facts in Support of Plaintiffs' Motion for Summary Judgment
10/28/2008 | Keep America Safe & Free, Surveillance
Amnesty et al. v. McConnell - Defendants' Memo in Opposition to Summary Judgment
9/12/2008 | Keep America Safe & Free, Surveillance
Amnesty v. McConnell - Memo in Support of Motion for Summary Judgment
9/12/2008 | Keep America Safe & Free, Surveillance
Amnesty v. McConnell - Plaintiffs' Motion for Summary Judgment
9/12/2008 | Keep America Safe & Free, Surveillance
Amnesty v. McConnell - Statement of Undisputed Facts in Support of Plaintiffs' Motion for Summary Judgment
9/11/2008 | New York | Keep America Safe & Free, Surveillance
Amnesty v. McConnell - Declaration of John Walsh
9/11/2008 | New York | Keep America Safe & Free, Surveillance
Amnesty v. McConnell - Declaration of Sylvia Royce
9/11/2008 | New York | Keep America Safe & Free, Surveillance
Amnesty v. McConnell - Declaration of Joanne Mariner
9/11/2008 | New York | Keep America Safe & Free, Surveillance
Amnesty v. McConnell - Declaration of Naomi Klein
9/5/2007 | Keep America Safe & Free, Surveillance
Written Testimony of Caroline Fredrickson, Director of the ACLU Washington Legislative Office, Submitted to the House Judiciary Committee for a Hearing on the Foreign Intelligence Surveillance Act
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