Posner on In re: National Security Agency Telecommunications Records Litigation

By Steve C. Posner, Attorney, Posner Law Firm Steve C. Posner on In re: National Security Agency Telecommunications Records Litigation (El Haramain Islamic Foundation, Inc v. NSA) , 2010 U.S. Dist. LEXIS 31287 (N.D. Cal., Mar. 31, 2010), the Foreign Intelligence Surveillance Act and the State Secrets...

Posner On In Re: National Security Agency Telecommunications Records Litigation

By Steve C. Posner, Attorney, Posner Law Firm Steve C. Posner on In re: National Security Agency Telecommunications Records Litigation (El Haramain Islamic Foundation, Inc v. NSA) , 2010 U.S. Dist. LEXIS 31287 (N.D. Cal., Mar. 31, 2010), the Foreign Intelligence Surveillance Act and the State Secrets...

Do the FISA Procedural Rules Cover the National Security Agency?

by Carey Lening, Kirsten Koepsel and Ron Weikers Years after the Terrorist Surveillance Program and other warrantless surveillance became known publicly, litigation continues and key issues remain unresolved. Practitioners whose clients have been subjects of the government's secret surveillance...

Standing To Challenge FISA's Constitutionality Debated Before High Court

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Oct. 29 heard arguments on the ability of a group of respondents to challenge the constitutionality of a law that its opponents characterize as "dragnet surveillance" related to the power that it gives the executive branch of the government...

Supreme Court Hears Arguments On Standing To Challenge FISA's Constitutionality

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Oct. 29 heard arguments on the ability of a group of respondents to challenge the constitutionality of a law that its opponents characterize as "dragnet surveillance" related to the power that it gives the executive branch of the government...

What You Need to Know About NSA Mass Telephone Call Tracking

By David Bender The flood of recent articles disclosing that the National Security Agency has engaged in a massive acquisition of information concerning the telephone communications of millions of Americans has shocked many. While sensationalizing this acquisition, most articles avoid discussing whether...

Ignorance Is Risk: Impact of NSA Monitoring Technologies On Attorney-Client Communications, Part 1

By Thomas H. Clarke, Jr., and Lael D. Andara Knew or should have known, a standard often applied in a myriad of legal context, could soon be the one applied to attorneys who ignore the risks associated with communicating with clients using modern technologies (i.e., text messaging, emails, telephone...

Ignorance Is Risk: Impact of NSA Monitoring Technologies On Attorney-Client Communications, Part 1

By Thomas H. Clarke, Jr., and Lael D. Andara Knew or should have known, a standard often applied in a myriad of legal context, could soon be the one applied to attorneys who ignore the risks associated with communicating with clients using modern technologies (i.e., text messaging, emails, telephone...

Ignorance Is Risk: Impact of NSA Monitoring Technologies On Attorney-Client Communications, Part 1

By Thomas H. Clarke, Jr., and Lael D. Andara Knew or should have known, a standard often applied in a myriad of legal context, could soon be the one applied to attorneys who ignore the risks associated with communicating with clients using modern technologies (i.e., text messaging, emails, telephone...

NSA and the Foreign Intelligence Surveillance Act: A Need for Balancing

Excerpt: Introduction . Since June 2013, Edward Snowden has been alleging that the National Security Agency has engaged in various forms of privacy-invasive conduct that may be – or perhaps should be -- unlawful. The statute underlying most of this conduct is the Foreign Intelligence Surveillance...

Non-Profit Public Interest Law Firm Seeks Supreme Court Review After Claiming that the NSA Conducted Illegal Surveillance on Attorney-Client Communications

on January 2, 2014, a petition for writ of certiorari was filed in the United States Supreme Court that claimed that the National Security Agency (NSA) engaged in unlawful, warrantless surveillance in violation of the Foreign Intelligence Surveillance Act of 1978, 50 USCS prec § 1801 (FISA). ...