Alan Butler, StandingUp to Clapper: How to Increase Transparency and Oversight of FISA Surveillance

New England Law Review, Vol. 48, 2013


“The Supreme Court held in Clapper v. Amnesty International that a group of non-profit organizations, journalists, and attorneys representing international clients did not have standing to challenge “programatic surveillance” of “one-end domestic” communications under Section 702 the Foreign Intelligence Surveillance Act. This article reviews the Court’s opinion in light of subsequent disclosures about the scope of NSA surveillance and then considers recent proposals to increase transparency and oversight of the United States Intelligence Community. Finally, the article outlines three reform elements necessary to bring FISA surveillance in line with constitutional and legal principles.”

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