evidence disclosed no unlawful surveillance activities but indicated that the principal sources of information were news media and publications in general circulation, does not provide standing US Persons US lawyers complaining Is there a reasonable Plaintiffs have SURVEILLANCE Amnesty Int’l (2nd Cr. 2011) and non-US that FAA violates their fear of future injury and standing: their fear that (FAA) Persons, 4th amendment rights by costs incurred to avoid amendments will affect domestic and forcing lawyers to travel that injury, AND have them is reasonable STANDING international overseas to visit their the plaintiffs have clients, etc. established that they have a reasonable fear of injury and have incurred costs to avoid it? Then they have standing US Persons US ISPs issued NSLs -National Security SURVEILLANCE Doe v. (people and complaining that: Letter provision (national security Ashcroft (S.D.N.Y. telecoms) -Subscribers’ 1st forbidding disclosure letters) 2004) domestically amendment rights may violated Fourth be violated because there Amendment as applied is not judicial review -Disclosure bar was not (chilling subscribers); narrowly tailored to 1st amendment further Government's rights are being violated interest in protecting by this gag order the integrity and efficacy of international terrorism and
evidence disclosed no unlawful surveillance activities but indicated that the principal sources of information were news media and publications in general circulation, does not provide standing Amnesty Int’l (2nd Cr. 2011) US Persons and non-US Persons, domestic and international US lawyers complaining that FAA violates their 4th amendment rights by forcing lawyers to travel overseas to visit their clients, etc. Is there a reasonable fear of future injury and costs incurred to avoid that injury, AND have the plaintiffs have established that they have a reasonable fear of injury and have incurred costs to avoid it? Then they have standing Plaintiffs have standing: their fear that amendments will affect them is reasonable SURVEILLANCE (FAA) STANDING Doe v. Ashcroft (S.D.N.Y. 2004) US Persons (people and telecoms) domestically US ISPs issued NSLs complaining that: -Subscribers’ 1st amendment rights may be violated because there is not judicial review (chilling subscribers); 1st amendment rights are being violated by this gag order -National Security Letter provision forbidding disclosure violated Fourth Amendment as applied -Disclosure bar was not narrowly tailored to further Government's interest in protecting the integrity and efficacy of international terrorism and SURVEILLANCE (national security letters)
ICTL_Rascoff_Fall_2011_Case_Chart.docx