Surveillance and the Future of Standing, and More from CRS
It may be easier for litigants to mount a constitutional challenge to intelligence surveillance programs that gather U.S. data such as telephone and internet metadata now that those programs have been documented through leaks of classified records. Or, says a new report from the Congressional Research Service, it may not be.
Unlike previous cases, “the litigants in these newly filed lawsuits would appear to have a stronger argument for how they have been injured [than prior litigants did, and they] have evidence that the government is actually using its authority to gather data that is pertinent to the plaintiffs,” the CRS report said.
“However, the plaintiffs in these lawsuits may still have significant difficulties in establishing standing, as they have arguably not alleged that they have been specifically targeted by the government or injured in any concrete and particularized way by the government’s conduct,” the CRS author speculates. See Foreign Surveillance and the Future of Standing to Sue Post-Clapper, July 10, 2013.
Other new or newly updated CRS reports include the following.
Cluster Munitions: Background and Issues for Congress, July 9, 2013
Points of Order in the Congressional Budget Process, July 11, 2013
Europe’s Energy Security: Options and Challenges to Natural Gas Supply Diversification, July 11, 2013
Kuwait: Security, Reform, and U.S. Policy, July 10, 2013
Satellite imagery of RAF Lakenheath reveals new construction of a security perimeter around ten protective aircraft shelters in the designated nuclear area, the latest measure in a series of upgrades as the base prepares for the ability to store U.S. nuclear weapons.
It will take consistent leadership and action to navigate the complex dangers in the region and to avoid what many analysts considered to be an increasingly possible outcome, a nuclear conflict in East Asia.
Getting into a shutdown is the easy part, getting out is much harder. Both sides will be looking to pin responsibility on each other, and the court of public opinion will have a major role to play as to who has the most leverage for getting us out.
How the United States responds to China’s nuclear buildup will shape the global nuclear balance for the rest of the century.