Foreign Intelligence Surveillance Court (FISC)

Latest in Foreign Intelligence Surveillance Court (FISC)

Intelligence Oversight

Can the FISC Clean Up the Nunes Memo's Mess?

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

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.


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).

First Amendment

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.


ODNI Releases Three FISC Opinions

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.


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