High Court Test of Surveillance Law Could be Ahead

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WASHINGTON- For the first time, the Justice Department says it intends to use information gained from one of the government's warrantless surveillance programs against an accused terrorist.

That could set the stage for a Supreme Court test of the Obama administration's approach to national security.

The high court so far has turned aside challenges to the law on government surveillance.

The terrorism case involves Jamshid Muhtorov, who was accused in 2012 of providing material support to the Islamic Jihad Union, an Uzbek terrorist organization that, authorities say, was engaging NATO coalition and U.S. forces in Afghanistan.

According to court papers, the FBI investigated Muhtorov after his communications with an overseas website administrator for the IJU.

The program at issue in the case is commonly called "702," a reference to the numbered section of the surveillance law on Internet communication.