AMNESTY INTERNATIONAL USA, Global Fund for Women, Global Rights, Human Rights Watch, International Criminal Defence Attorneys Association, The Nation Magazine, PEN American Center, Service Employees International Union, Washington Office on Latin America, Daniel N. Arshack, David Nevin, Scott McKay, Sylvia Royce, Plaintiffs-Appellants,
v.
James R. CLAPPER, Jr., in his official capacity as Director of National Intelligence, Keith B. Alexander, in his official capacity as Director of the National Security Agency and Chief of the Central Security Service, Eric H. Holder, Jr., in his official capacity as Attorney General of the United States, Defendants-Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Douglas N. Letter , Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C. ( Tony West , Assistant Attorney General, Civil Division, United States Department of Justice, Washington, D.C.; Daniel J. Lenerz , Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C.; Preet Bharara , United States Attorney for the Southern District of New York, New York, NY, on the brief), for Defendants-Appellees.
Barbara Moses , Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, P.C., New York, NY; Emily Berman and Elizabeth Goitein , The Brennan Center for Justice, New York, NY; Sharon Bradford Franklin , The Constitution Project, Washington, D.C., for Amici Curiae The Brennan Center for Justice, The Center for Democracy & Technology, The Constitution Project, The Electronic Frontier Foundation, and The Rutherford Institute in support of Plaintiffs-Appellants.
Lucy A. Dalglish and Gregg P. Leslie , Counsel for The Reporters Committee for Freedom of the Press, Arlington, VA, for Amicus Curiae The Reporters Committee for Freedom of the Press in support of Plaintiffs-Appellants.
Duane L. Loft , Cravath, Swaine & Moore LLP, New York, NY; Peter T. Barbur , The New York City Bar Association, New York, NY, for Amicus Curiae The New York City Bar Association in support of Plaintiffs-Appellants.
Before: CALABRESI, SACK, and LYNCH, Circuit Judges.
United States Court of Appeals, Second Circuit.
GERARD E. LYNCH, Circuit Judge:
Attorneys, journalists, and labor, legal, media, and human rights organizations brought this action facially challenging the constitutionality of Section 702 of the Foreign Intelligence Surveillance Act of 1978 ("FISA"), which was added to FISA by Section 101(a)(2) of the FISA Amendments Act of 2008 (the "FAA"), and codified at 50 U.S.C. § 1881a. Section 702 creates new procedures for authorizing government electronic surveillance...
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