.... [the NSA] has accomplished this goal by appealing to the public courts to dismiss claims against them prior to any assessment of the merits of the claim. This has been done by claiming that litigants who seek to challenge its programs lack standing to sue, and that the matters involve “state secrets” which cannot be raised in public courts. The former technique has been particularly successful for the NSA — it has engaged in mass surveillance while simultaneously relying on the fact that no individual litigant can prove that they are affected by the surveillance! ....
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