The U.S. District Court for the District of Colorado, in U.S. v. Muhtorov, has rejected a constitutional challenge to the NSA’s warrantless surveillance program.  Under Section 702 of the Foreign Intelligence Surveillance Act, the Attorney General and Director of National Intelligence may authorize warrantless surveillance directed at non-U.S. persons “reasonably believed to be located outside the United States,” even if the surveillance is effected in, and one or more other parties to the communication are located within, the United States, as long as the Foreign Intelligence Surveillance Court has approved the government’s targeting and minimization procedures.  Most previous challenges to Section 702 have been rejected on the ground that the plaintiffs lacked standing, since there was no concrete evidence that they were subjected to surveillance.  Here, though, the person challenging the surveillance had standing because the government sought to prosecute him using evidence derived from the Section 702 program.  Nevertheless, the court rejected his claims that the program violated Article III’s “case or controversy” requirement and the Fourth Amendment.