The US Supreme Court has dismissed Clapper v. Amnesty International, which sought to overturn the secret, mass surveillance of the Internet by the NSA. EFF has its own lawsuit, which is still proceeding:
The court didn’t address the constitutionality of the FAA itself, but instead ruled that the plaintiffs—a group of lawyers, journalists, and human rights advocates who regularly communicate with likely "targets" of FAA wiretapping—couldn’t prove the surveillance was "certainly impending," so therefore didn’t have the "standing" necessary to sue. In other words, since the Americans did not have definitive proof that they were being surveilled under the FAA—a fact the government nearly always keeps secret—they cannot challenge the constitutionality of the statute.
It’s shameful that the courts again have cut off another avenue for accountability regarding the NSA's warrantless and unconstitutional surveillance activities. But as disappointing as the Clapper decision is, the good news is the decision likely won't adversely affect our Jewel v. NSA lawsuit, which we argued in district court in December of 2012. Indeed, the Clapper decision makes the Jewel case one of the last remaining hopes for a court ruling on the legality of the warrantless surveillance of Americans, now conducted for over a decade.
The Ninth Circuit has already ruled that the Jewel plaintiffs have standing under settled law. The court's decision is based on solid ground because we have presented the court with evidence that dragnet warrantless surveillance has already occurred, through testimony and documents from AT&T and NSA whistleblowers. In fact, the court specifically differentiated the two cases in its Jewel opinion: “Jewel has much stronger allegations of concrete and particularized injury than did the plaintiffs in Amnesty International. Whereas they anticipated or projected future government conduct, Jewel’s complaint alleges past incidents of actual government interception of her electronic communications."