Just before Edward Snowden became a household name, the ACLU argued before the supreme court that the FISA Amendments Act - one of the two main laws used by the NSA to conduct mass surveillance - was unconstitutional. In a sharply divided opinion, the Supreme Court ruled, 5-4, that the case should be dismissed because the plaintiffs didn't have standing". The court relied on two claims by the Justice Department to support their ruling: 1) that the NSA would only get the content of Americans' communications without a warrant when they are targeting a foreigner abroad for surveillance, and 2) that the Justice Department would notify criminal defendants who have been spied on under the Fisa Amendments Act, so there exists some way to challenge the law in court. It turns out that neither of those statements were true. One of the most explosive Snowden revelations exposed a then-secret technique known as "about" surveillance. As the New York Times first reported, the NSA "is searching the contents of vast amounts of Americans' e-mail and text communications into and out of the country, hunting for people who mention information about foreigners under surveillance." In other words, the NSA doesn't just target a contact overseas - it sweeps up everyone's international communications into a dragnet and searches them for keywords. The Snowden leaks also pushed the Justice Department to admit ... that the government hadn't been notifying any defendants they were being charged based on NSA surveillance.
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