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The ability of lawyers, reporters and human rights activists to challenge the government’s overseas wiretapping law depends on persuading a federal appeals court they have been sufficiently injured to have standing.

The 2nd U.S. Circuit Court of Appeals on Friday questioned Jameel Jaffer of the American Civil Liberties Union on whether lawyers and others who communicate with people overseas on sensitive matters have well-founded fears that their conversations are being recorded under recent amendments to the Foreign Intelligence Surveillance Act.

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