FISA
Document: FISC Releases 2018 Annual Report
Quinta Jurecic Fri, Apr 26, 2019, 7:26 PM
The Foreign Intelligence Surveillance Court (FISC) has released its annual report for 2018. The document is available here and below.
Latest in Foreign Intelligence Surveillance Court (FISC)
FISA
Document: Justice Department Did Not Rely on Whitaker in FISA Matters, FISC Says
Lev Sugarman Fri, Apr 12, 2019, 2:35 PM
On Thursday, the Foreign Intelligence Surveillance Court issued an order stating that the government "has not relied on any action taken by [former Acting Attorney General Matthew Whitaker] in any submission to the court." The order, issued by Judge Rosemary Collyer, denied attorney Thomas C. Goldstein's motion to file an amicus curiae brief challenging Whitaker's authority to take action before the court on the basis that his appointment as acting attorney general was unlawful.
FISA
Document: Justice Department Says FISA Court Lacks Jurisdiction to Hear Private Records Requests
Victoria Clark Tue, Jul 17, 2018, 4:20 PM
The Justice Department filed a brief with the Foreign Intelligence Surveillance Court on behalf of the United States arguing that the court lacks the jurisdiction to hear cases from private parties requesting the release of records. The full document is available below:
FISA
Don't Read Too Much Into the Jump in Rejected FISA Applications
David Kris Thu, Apr 26, 2018, 6:19 PM
Recent headlines about foreign intelligence surveillance—e.g., “In Trump’s first year, FISA court denied record number of surveillance orders”—are misleading.
Foreign Intelligence Surveillance Court (FISC)
Document: Foreign Intelligence Surveillance Court 2017 Annual Report
Matthew Kahn Thu, Apr 26, 2018, 1:17 PM
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.
Intelligence Oversight
Misleading the Foreign Intelligence Surveillance Court has Always Been Dangerous
Stewart Baker Sat, Feb 10, 2018, 8:02 AM
Over the last week, there's been a great deal of discussion on Lawfare regarding the role that the Foreign Intelligence Surveillance Court might play in clearing up controversy over the Nunes memo. Benjamin Wittes and Susan Hennessey have filed a brief before the FISA Court on the matter, and Sophia Brill has described how the court's rules might allow it to weigh in.
Intelligence Oversight
Friends of the Court: A Suggestion for the FISA Court on the Nunes Memo
Benjamin Wittes Wed, Feb 7, 2018, 7:48 PM
You wouldn’t know it from the endless public discussion of the Nunes Memo and the Democratic response to it, but the House of Representatives does not get to decide whether a FISA application is valid. Congress gets to decide what the legal standards are under FISA. But at the end of the day, the judge of any individual FISA application is not the chairman of the House intelligence committee. It’s not the ranking member either. It’s actually not even the President of the United States either.
Foreign Intelligence Surveillance Court (FISC)
Document: New York Times Requests Orders and Applications for Page Surveillance
Matthew Kahn Tue, Feb 6, 2018, 4:34 PM
The New York Times filed the following motion with the Foreign Intelligence Surveillance Court requesting the public release of the applications for and orders authorizing electronic surveillance of Trump campaign foreign policy adviser Carter Page.
Intelligence Oversight
Can the FISC Clean Up the Nunes Memo's Mess?
Sophia Brill Tue, Feb 6, 2018, 7:00 AM
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.
Privacy Paradox
The 18 FISA Court Opinions on Section 702: Summaries
Chris Mirasola, Yishai Schwartz Fri, Jun 23, 2017, 1:27 PM
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.