Aaron C. Garavaglia of Squire Patton Boggs writes: Every federal lawsuit requires standing for the court to have subject matter jurisdiction to hear the case, and standing requires an injury-in-fact. As seen from our coverage this morning out of the Second Circuit. In Derrick McCray v. John E. Wetzel & President, No. 3:20-cv-139, 2021 U.S. Dist. LEXIS…
Category: U.S.
In major ruling, 2nd Circuit says no circuit split on data breaches and standing
Alison Frankel reports: For years, I’ve been writing about a split among the federal circuits on whether data breach victims can establish a right to sue in federal court merely by showing that they are at increased risk of identity theft. Just a couple of months ago, when the 11th U.S. Circuit Court of Appeals held in…
Before Jan. 6, FBI collected information from at least 4 Proud Boys
Aram Roston reports: Among the far-right groups whose members are suspected of planning the Jan. 6 attack on the U.S. Capitol are the Proud Boys. In March, the Federal Bureau of Investigation’s director told the Senate Judiciary Committee that he “absolutely” wished the agency had penetrated the group beforehand, or knew its plans. “I do…
Secret Court Reveals: FBI Hunted for Domestic Terrorists Without a Warrant
Spencer Ackerman reports: The FBI, without any court order, sifted through the National Security Agency’s massive troves of foreign communications for information on American “racially motivated violent extremists,” a newly declassified order from the secret surveillance court details. Even though the Foreign Intelligence Surveillance (FISA) Court warned the FBI in 2018 that its warrant-free queries, known as backdoor…