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Supreme Court justices question surveillance secrecy
IDG News Service - U.S. Supreme Court justices on Monday questioned the legitimacy of a law allowing a secretive government surveillance program and the assertion by a government lawyer that some groups couldn't challenge the law in court because they don't know if they've been spied on.
U.S. Solicitor General Donald Verrilli told the court that groups including Amnesty International, Human Rights Watch and lawyers for terrorism suspects had no standing to challenge the FISA Amendments Act, a 2008 law that gave the U.S. National Security Agency broad new surveillance authority, because they had no proof they were targets of the surveillance.
The groups have relied on a "cascade of speculation" to make a case that they have been spied on and therefore have the right to claim their rights against unreasonable searches have been violated, he told the court. The groups are asking the court to invalidate the law "without a single fact to validate the assertions" of spying, he said.
Most of the nine justices questioned how anyone would then have standing to challenge the constitutionality of the law. Targets of the NSA surveillance, which can include U.S. residents telephoning or exchanging email with suspected terrorists, only learn of the surveillance when they're being charged with a crime, said Justice Sonia Sotomayor.
"Is there anybody who has standing?" she said. "No one could ever stop [the surveillance] until they were charged with a crime."
In March 2011, the U.S. Court of Appeals for the Second Circuit ruled that Amnesty International and the other groups had the right to challenge the constitutionality of the law. The U.S. government has challenged that decision.
Justices ask a government lawyer how groups can challenge a spying program if they don't know if they're targets.
IDG News Service - U.S. Supreme Court justices on Monday questioned the legitimacy of a law allowing a secretive government surveillance program and the assertion by a government lawyer that some groups couldn't challenge the law in court because they don't know if they've been spied on.
U.S. Solicitor General Donald Verrilli told the court that groups including Amnesty International, Human Rights Watch and lawyers for terrorism suspects had no standing to challenge the FISA Amendments Act, a 2008 law that gave the U.S. National Security Agency broad new surveillance authority, because they had no proof they were targets of the surveillance.
The groups have relied on a "cascade of speculation" to make a case that they have been spied on and therefore have the right to claim their rights against unreasonable searches have been violated, he told the court. The groups are asking the court to invalidate the law "without a single fact to validate the assertions" of spying, he said.
Most of the nine justices questioned how anyone would then have standing to challenge the constitutionality of the law. Targets of the NSA surveillance, which can include U.S. residents telephoning or exchanging email with suspected terrorists, only learn of the surveillance when they're being charged with a crime, said Justice Sonia Sotomayor.
"Is there anybody who has standing?" she said. "No one could ever stop [the surveillance] until they were charged with a crime."
In March 2011, the U.S. Court of Appeals for the Second Circuit ruled that Amnesty International and the other groups had the right to challenge the constitutionality of the law. The U.S. government has challenged that decision.
