Supreme Court to hear appeal on eavesdropping

The Supreme Court on Monday agreed to hear the government's appeal against a lawsuit targeting its electronic surveillance program, which gives the government authority to eavesdrop on phone calls and emails, according to Agence France Presse.

The case, Clapper vs. Amnesty International, challenges the government's authority to monitor the international communications of Americans. The Obama administration appealed on behalf of James Clapper, the director of National Intelligence, stating that the surveillance targeted foreigners, and therefore the American plaintiffs could not sue, according to AFP.

According to Reuters, a US appeals court ruled that the plaintiffs had a legal right to challenge a 2008 amendment to the Foreign Intelligence Surveillance Act.

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The amendment allows intelligence agencies to eavesdrop on overseas communications with less judicial oversight, allowing the US attorney general and the director of national intelligence to apply for mass surveillance authorization from the courts, said Reuters.

The current issue in front of the court is not the constitutionality of the amendment, but whether those bringing lawsuit are entitled to challenge the amendment, according to the Associated Press.

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The administration's argument is that the plaintiffs cannot cite specific instances and only fear that their communication will be intercepted, which the administration said would be insufficient grounds for federal judges to intervene, according to the AP.

The American Civil Liberties Union is representing the plaintiffs in this case and said the law itself expires this year. The AP said Congress is considering whether to renew the provisions, which were adopted in the last months of the Bush administration.