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EFF challenged responsible government officials. They include George Bush, Dick Cheney, Alberto Gonzales, and others. They ordered and participated in warrantless domestic surveillance. Obama and other administration officials do it now.
In 2009, his administration moved for dismissal. It claimed permitting it would require revealing "state secrets."
Lower and appeals courts disagreed. The case remains active. Perhaps it'll reach the High Court. Losing Clapper makes Jewel more important.
It's "one of the last remaining hopes for a court ruling on the legality of" lawlessly surveilling Americans, said EFF. It's been ongoing for over a decade.
Ninth US Circuit Court of Appeals judges granted Jewel standing. They said:
"Jewel has much stronger allegations of concrete and particularized injury than did the plaintiffs in Amnesty International. Whereas they anticipated or projected future government conduct, Jewel's complaint alleges past incidents of actual government interception of her electronic communications."
Major hurdles remain to be overcome. The Supreme Court ruled future harm must be "certainly impending." It's required to sue, they said. It obstructs future lawsuits.
It's "very troubling," said EFF. It's especially so "in the context of cases involving secret surveillance."
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