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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...

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...

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...

2nd Circuit Finds NSA’s Bulk Metadata Program Not Authorized By Patriot Act

NEW YORK — (Mealey’s) A Second Circuit U.S. Court of Appeals panel on May 7 found that the National Security Agency’s bulk telephone metadata collection program is not authorized by Section 215 of the USA Patriot Act, reversing a trial court’s dismissal of the lawsuit brought...