USCA Case #14-5004 Document #1570210 Filed: 08/28/2015 4 evaluation of comparable inferences and cuts strongly against plaintiffs’ claim that they have a substantial likelihood of prevailing as to standing. There, a group of US-based “attorneys and human rights, labor, legal, and media organizations” challenged the surveillance authorized by the FISA Amendments Act of 2008. Id. at 1145. The statute empowered the Attorney General and the Director of National Intelligence to jointly seek an order from the FISC authorizing “the targeting of persons reasonably believed to be located outside the United States to acquire foreign intelligence information” for a period of up to one year. 50 U.S.C. § 1881a. Plaintiffs claimed they were injured by the surveillance because their work required them “to engage in sensitive and sometimes privileged telephone and e-mail communications with colleagues, clients, sources, and other individuals located abroad” and that “some of the people with whom they exchange foreign intelligence information [we]re likely targets of surveillance under § 1881a” because they communicate with “people the Government ‘believes or believed to be associated with terrorist organizations,’ ‘people located in geographic areas that are a special focus’ of the Government’s counterterrorism or diplomatic efforts, and activists who oppose governments that are supported by the United States Government.” 133 S. Ct. at 1145. But as the Court observed, the Clapper plaintiffs had “no actual knowledge of the Government’s § 1881a targeting practices” and accordingly “merely speculate[d] and ma[d]e assumptions about whether their communications with their foreign contacts will be acquired under § 1881a.” Id. at 1148. The premises for their speculation were hardly trivial. They claimed (and it was not disputed) (1) that they engaged in communications eligible for surveillance under the disputed section, (2) that the government had a strong motive to intercept these particular communications because of the subject matter and identities involved, (3) that the government Page 14 of 21