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ACLU Sues to Get Policies and Records on Use of NSA Surveillance in Criminal Cases
NEW YORK – The American Civil Liberties Union on October 17 filed a Freedom of Information Act lawsuit seeking the government’s policy for notifying criminal defendants that they were monitored under the FISA Amendments Act, the 2008 law that authorized the NSA to continue its warrantless wiretapping of Americans’ international communications. The ACLU challenged that law, but the Supreme Court dismissed the lawsuit in February because the plaintiffs could not prove they had been spied on. The government assured the court that criminal defendants who were actually monitored under the program would be told, giving them the opportunity to challenge the law. The New York Times reported last night, however, that the Justice Department has not been notifying defendants – but that it has changed the policy going forward.

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