As I explained in my last post, American constitutional law requires that plaintiffs show they have been the subject of surveillance in order to establish standing to challenge intelligence programs in court. The intelligence community sees a narrow standing requirement of Article III as a feature of the United States Constitution. Human rights lawyers regard it as a bug.
Latest in Clapper v. Amnesty International
“I could tell you, but then I’d have to kill you” best explains why it is difficult to provide meaningful redress for targets of intelligence surveillance. How can anyone challenge surveillance programs when there is no way to know who is a target – and we would very much like to keep it that way?