PogoWasRight.org

Menu
  • About
  • Privacy
Menu

Special advocate at FISA court would pass Constitutional muster

Posted on September 17, 2014 by pogowasright.org

Law professor Don Wallace Jr. writes:

…. some have claimed that requiring the FISC to hear from a special advocate in this narrow class of proceedings would raise constitutional concerns under the “case or controversy” requirement of Article III. As a general matter, our federal courts may only decide live cases or controversies between adverse parties with standing to litigate the case. The proceedings before the FISC, however, do not involve adverse parties yet have long been considered analogous to the historical role that our courts have played in issuing warrants. Our courts have repeatedly upheld such proceedings, including those conducted by the FISC, as consistent with Article III. Allowing the FISC to hear from an additional attorney during the process does not create a new Article III question. Any concerns stem from the nature of the FISC process itself, not from the participation of a special advocate tasked with promoting privacy and civil liberties. If anything, the participation of a special advocate increases the adverseness of the proceedings and helps ensure compliance with Article III.

Read more on The Hill

Category: CourtSurveillanceU.S.

Post navigation

← Obama administration forcing new gun buyers to declare race, ethnicity
Silicon Valley Getting Attitude Adjustment over Privacy Concerns →

Now more than ever

Search

Contact Me

Email: info@pogowasright.org

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

Categories

Recent Posts

  • Apple Siri Eavesdropping Payout Deadline Confirmed—How To Make A Claim
  • Privacy matters to Canadians – Privacy Commissioner of Canada marks Privacy Awareness Week with release of latest survey results
  • Missouri Clinic Must Give State AG Minor Trans Care Information
  • Georgia hospital defeats data-tracking lawsuit
  • No Postal Service Data Sharing to Deport Immigrants
  • DOGE aims to pool federal data, putting personal information at risk
  • Privacy concerns swirl around HHS plan to build Medicare, Medicaid database on autism

RSS Recent Posts on DataBreaches.net

  • Nova Scotia Power hit by cyberattack, critical infrastructure targeted, no outages reported
  • Georgia hospital defeats data-tracking lawsuit
  • 60K BTC Wallets Tied to LockBit Ransomware Gang Leaked
  • UK: Legal Aid Agency hit by cyber security incident
  • Public notice for individuals affected by an information security breach in the Social Services, Health Care and Rescue Services Division of Helsinki
©2025 PogoWasRight.org. All rights reserved.
Menu
  • About
  • Privacy