The ACLU filed one action in the FISA court, requesting that — contrary to how the FISA court normally works — all proceedings regarding the constitutionality of the FISA law be open to the public and transparent, and that the proceedings be adversarial (i.e., that the ACLU — rather than just the Government — can participate). The other action was filed in a federal court in the Southern District of New York, alleging that the provisions which vest vast new warrantless eavesdropping powers in the President are, for multiple reasons, violative of the Fourth Amendment of the U.S. Constitution. The ACLU’s lawsuits do not challenge the constitutionality of the telecom immunity provisions of the new FISA law because those sections will be challenged by EFF and local/affiliate ACLU groups in separate actions.
ACLU Link: https://www.aclu.org/safefree/nsaspying/35940lgl20080710.html
EFF Link: https://www.eff.org/issues/nsa-spying