At the heart of the now-released “Nunes memo” is an accusation that the FBI and Department of Justice misled the Foreign Intelligence Surveillance Court (FISC) when they sought orders to surveil former Trump campaign adviser Carter Page. One quandary (among many) is how the FBI and Justice Department can defend themselves from these allegations without revealing yet more classified information.
Latest in Foreign Intelligence Surveillance Court (FISC)
Pursuant to a FOIA request from the Electronic Frontier Foundation (EFF), the FISA Court has released 18 redacted opinions regarding FISA Section 702. The opinions primarily concern the authorization of proposed targeting and minimization procedures to assure that their letter and implementation accord with statute and the Fourth Amendment.
Pursuant to a FOIA request from the Electronic Frontier Foundation, the FISA Court has released 18 redacted opinions, each regarding FISA Section 702. The opinions are listed below.
Foreign Intelligence Surveillance Court Approves New Targeting and Minimization Procedures: A Summary
As Lawfare readers are likely aware, last Thursday, the Office of the Director of National Intelligence released a trove of documents relating to FISA targeting and minimization procedures.
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).
FISC Rejects Claim That Public Has a First Amendment Right to Court Decisions About Bulk Data Collection
Citizens do not have a First Amendment right to read the full court decisions that support the legality of the NSA’s bulk data collection program, the Foreign Intelligence Surveillance Court concluded in an opinion issued on January 25th.
The Foreign Intelligence Surveillance Court may soon decide whether the First Amendment requires it to release its major opinions and orders dating back to the September 11 attacks.
The Office of the Director of National Intelligence released three redacted Foreign Intelligence Surveillance Court opinions (FISC) yesterday, respectively on a pen register and trap-and-trace case, Section 702 certifications, and the Government's first application for orders requiring the production of call records under the USA FREEDOM Act.
The Foreign Intelligence Surveillance Court has released the names of the first five Amici Curiae that will serve the Court as part of reforms enacted under the USA Freedom Act. The list, effective November 25th, 2015, can be found below: