On Oct. 8, the Office of the Director of National Intelligence declassified two opinions released by the Foreign Intelligence Surveillance Court (FISC) and the Foreign Intelligence Surveillance Court of Review (FISCR) relating to the FBI’s use of information collected under Section 702 of the Foreign Intelligence Surveillance Act (FISA).
Latest in FISA
The House Judiciary Committee held a hearing Sept. 18 on oversight of the Foreign Intelligence Surveillance Act (FISA), examining specifically whether to reauthorize four provisions of the act set to expire in December. One could be forgiven for missing the hearing amidst the deluge of news this week.
The Foreign Intelligence Surveillance Court (FISC) has released its annual report for 2018. The document is available here and below.
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.
Is Huawei a ‘Foreign Power’ or an ‘Agent of a Foreign Power’ Under FISA? Insights From the Sanctions Case
[Update: Several colleagues have pointed out that I did not make sufficiently clear that there is an alternate (and much less intriguing) explanation for the 1806(c) notices here.
An apparent disclosure from a congressional staffer on the Lawfare Podcast has generated considerable buzz regarding the fate of a part of the Foreign Intelligence Surveillance Act (FISA) that currently
Thought we were done with surveillance-law debates, at least for a few years? Not by a long shot. A sunset is looming for three provisions of the Foreign Intelligence Surveillance Act. What’s at stake? Here’s a guide to prep you for the eventual legislative battle.
Which three authorities are in issue?
The Department of Justice submitted an unusual court filing in litigation over the release of the Carter Page FISA, arguing that the president's statements on Twitter concerning the Page FISA should not be assumed to be accurate or based on the president's personal knowledge of the underlying issue. The document, which was filed on Nov. 30 and first flagged by USA Today reporter Brad Heath, is available here and below.
The president and his allies have a new line of attack against the Carter Page FISA application: the FISA Court did not hold a hearing to adjudicate the merits of the application. As one of the early peddlers of this line of argument put it on Twitter:
The release of the Carter Page FISA applications represents a monumental disclosure to the public—and underlines just how disingenuous House intelligence committee Chairman Devin Nunes has been.