Clapper v. Amnesty International USA: Allowing the FISA Amendments Act of 2008 to Turn 'Incidentally' into 'Certainly'

31 Pages Posted: 3 May 2014

See all articles by Liz Rinehart

Liz Rinehart

University of Maryland Francis King Carey School of Law

Date Written: May 1, 2014

Abstract

This Note argues that the Supreme Court should have examined the incidental interception exception to the Fourth Amendment because the nature of broad-scope surveillance has given the exception more power than ever before. The Court missed this opportunity by focusing on the imminence of the purported injury. The resulting opinion will not help alleviate the confusion regarding standing in surveillance cases or the concern about ways in which the government can invade the privacy of U.S. persons.

Keywords: FISA, surveillance, privacy, Fourth Amendment, foreign intelligence, NSA, Section 720, Section 1881a

Suggested Citation

Rinehart, Liz, Clapper v. Amnesty International USA: Allowing the FISA Amendments Act of 2008 to Turn 'Incidentally' into 'Certainly' (May 1, 2014). Maryland Law Review, Vol. 73, No. 3, 2014, Available at SSRN: https://ssrn.com/abstract=2431740

Liz Rinehart (Contact Author)

University of Maryland Francis King Carey School of Law ( email )

500 West Baltimore Street
Baltimore, MD 21201-1786
United States

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
73
Abstract Views
620
rank
349,773
PlumX Metrics