Tomorrow, the ACLU begins presenting oral arguments in its FISA Amendments Act (FAA) lawsuit

this should be interesting...

from the aclu...

Tomorrow, we’ll be in court presenting oral arguments in our challenge to the unconstitutional FISA Amendments Act (FAA) — the law passed by Congress last year that gave the government virtually unchecked power to intercept Americans’ international e-mails and telephone calls. As you may recall, we filed a lawsuit to stop the government from spying under the FAA less than an hour after the Act was signed into law by President Bush on July 10, 2008.

here's the skinny on the lawsuit...

1. The defendants in our lawsuits (e.g. the people we’re suing) are John (Mike) McConnell, Director of National Intelligence; Lt. Gen. Keith B. Alexander, Director of the NSA and Chief of the Central Security Service; and Michael Mukasey, Attorney General.

2. We’ve filed the case in the U.S. District Court for the Southern District of New York.

3. Our superstar roster of plaintiffs (e.g. the people and groups we’re suing on behalf of) include The Nation magazine, journalists Naomi Klein and Chris Hedges, attorneys David Nevin, Scott McKay, Dan Arshack and Sylvia Royce, and a whole bunch of orgs that run the gamut from Amnesty International to the Global Fund for Women. (You can check out the full list of our plaintiffs online at www.aclu.org/faa.)

4. Three of our main points:

* The FAA violates the Fourth Amendment because it allows the government to gobble up the constitutionally protected communications of American citizens and residents without getting individualized warrants, and without specifying the time, place or length of the surveillance, and not specifying how the info gathered will be disseminated, or how long it’ll be kept. (You know, the who/what/where/when/why.)

* The FAA also violates the First Amendment by chilling lawful expressive speech without adequate justification by authorizing the government to intercept constitutionally protected communications without judicial oversight.

* The challenged law violates the principle of separation of powers by allowing the government to continue surveillance activities even if the Foreign Intelligence Surveillance Court has deemed those activities illegal. (Good idea, right? Asking the government to obey the law?)

this youtube clip, posted a year ago, gives a nice summary...

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