Latest in FISC

FISC

FISA Court Order in Response to Inspector General Report

In response to the Justice Department inspector general report on the Russia investigation, the Foreign Intelligence Surveillance Court has issued an order requiring the government to provide a sworn written statement by Jan. 10, 2020 on what the Justice Department has done and plans to do to ensure that statements of fact in each FISA application filing to the court are complete and accurate. The document is available here and below.

Foreign Intelligence Surveillance Court (FISC)

Document: Foreign Intelligence Surveillance Court 2017 Annual Report

The director of the Administrative Office of U.S. Courts released the following report on the Foreign Intelligence Surveillance Court’s activities during 2017. The report states that the FISC received 1,614 applications—granting 1,147, modfying 391 in part, denying 50 in part, and denying 26 in full.

Section 702

Can NSA Drop "About" Collection Without Gutting "To/From" Collection?

The mystery as to why there was no Section 702 application or certification reported for 2016 has now been solved (I'm assuming readers know today's big 702 news, flagged by Quinta here, and as explored in detail by Charlie Savage in this article): NSA has been struggling to resolve a problem with "about" collection under the Upstream heading, including in particular a problem with analysts quering the fruits of that c

FISA

In Rare En Banc Session, Surveillance Court to Reconsider Whether ACLU Can Seek Release of Documents

All 11 judges on the Foreign Intelligence Surveillance Court will rehear an ACLU claim that it has standing to assert a First Amendment right to see FISC decisions upholding the government’s bulk data collection program.

The hearing appears to be just the second time in the FISC’s history that it has publicly stated that it will meet en banc (it is unclear whether it has held secret en banc sessions).

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