Latest in FISA


Document: Justice Department Says FISA Court Lacks Jurisdiction to Hear Private Records Requests

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:

Intelligence Oversight

Friends of the Court: A Suggestion for the FISA Court on the Nunes Memo

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.


The 18 Documents that ODNI Released on Section 702: Summaries

In response to a FOIA request from the ACLU, the Office of the Director of National Intelligence and the Department of Justice released FISA Amendments Act Section 702 documents on August 23. Below, we summarize each document. Note that redactions necessarily leave noticeable gaps in some of the summaries.


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.


ODNI's 2016 Transparency Report: A Summary

On Tuesday, the Office of the Director of National Intelligence (ODNI) released its fourth Annual Statistical Transparency Report relating to the use of national security authorities. The report is based on a mix of statutory requirements under the USA FREEDOM Act of 2015 and the Intelligence Community’s internal guidance document entitled Principles of Intelligence Transparency.

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