University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name In re Various Known and Unknown Agents of [Redacted] NS-DC-0050
Docket / Court Redacted ( FISC )
State/Territory District of Columbia
Case Type(s) National Security
Special Collection Foreign Intelligence Surveillance Act -- All Matters
Foreign Intelligence Surveillance Act -- Foreign Targeting (702, 703, 704)
Foreign Intelligence Surveillance Court
Case Summary
Following 9/11, the Bush administration undertook the "Terrorist Surveillance Program," which included warrantless wiretapping of foreign communications arguably covered by Foreign Intelligence Surveillance Act (FISA) Title I's requirement of a probable-cause warrant for wiretaps of certain ... read more >
Following 9/11, the Bush administration undertook the "Terrorist Surveillance Program," which included warrantless wiretapping of foreign communications arguably covered by Foreign Intelligence Surveillance Act (FISA) Title I's requirement of a probable-cause warrant for wiretaps of certain electronic communications. The program was described in the New York Times>/a> in December 2005; in response, in 2006, the decision was made to seek FISA Court approval of the surveillance.

The FISA Court issued two orders on Jan. 10, 2007, approving continuation of the surveillance of the content of foreign communications. Under traditional FISA, tapping of a "facility" depends on demonstrated probable cause to believe that the "facility" is being used by an agent of a foreign power/international terrorist. "Facility" has usually been interpreted to mean, for example, a phone number or an email address. But in this matter, one FISA Court judge (Judge Malcolm Howard) accepted the government's argument that a facility could be something far broader--not just a particular phone number or email address but the "gateway or cable head foreign targets used for communications," because terrorists were probably among the millions of people whose communications used that gateway. Minimization rules then were imposed, governing the searching and use of the communications. We don't have the date on which the order was entered, but we do have an additional order, entered on 4/5/2007 and expiring 5/31/2007, extending the first order.

The FISA Court's subsequent denial of the reapplication for authorization for these surveillance orders can be found in the Clearinghouse at
NS-DC-68.

Edward Mroczkowski - 03/23/2015
- 03/23/2015


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Issues and Causes of Action
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Issues
Content of Injunction
Monitoring
Reporting
Warrant/order for search or seizure
General
Record-keeping
Records Disclosure
Search policies
Terrorism/Post 9-11 issues
Plaintiff Type
U.S. Dept of Justice plaintiff
Causes of Action FISA Title VII targeting order (Sections 702, 703, 704), 50 U.S.C. 1881a, 1881b, 1881c
FISA Title I Warrant (Electronic Surveillance), 50 U.S.C. §§ 1801-1812
Defendant(s) None on record
Plaintiff Description U.S. Government
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief
Source of Relief Litigation
Form of Settlement None on record
Order Duration 2007 - 2007
Case Closing Year 2007
Case Ongoing No
Additional Resources
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Links Guest Post: New Resource — Civil Rights Litigation Clearinghouse FISA Archives
Just Security
Posted: Jun. 26, 2014
By: Margo Schlanger
[ Detail ] [ External Link ]

Docket(s)
No docket sheet currently in the collection
General Documents
Memorandum of Law in Support of Application for Authority to Conduct Electronic Surveillance of [Redacted] 12/13/2006
NS-DC-0050-0001.pdf | Detail
Document Source: Office of the Director of National Intelligence
Standard Minimization Procedures for Electronic Surveillance Conducted by the National Security Agency (NSA) 12/13/2006
NS-DC-0050-0007.pdf | Detail
Document Source: Office of the Director of National Intelligence
CIA Minimization Procedures for Information from FISA Electronic Surveillance Conducted by NSA 12/13/2006
NS-DC-0050-0008.pdf | Detail
Document Source: Office of the Director of National Intelligence
Declaration of [Redacted] NSA Program Manager for Counterterrorism Special Projects 01/02/2007
NS-DC-0050-0002.pdf | Detail
Document Source: Office of the Director of National Intelligence
Supplemental Memorandum of Law in Support of Application for Authority to Conduct Electronic Surveillance of [redacted] 01/02/2007
NS-DC-0050-0009.pdf | Detail
Order 01/10/2007 (FISC)
NS-DC-0050-0003.pdf | Detail
Document Source: Office of the Director of National Intelligence
Order 01/10/2007 (FISC)
NS-DC-0050-0004.pdf | Detail
Document Source: Office of the Director of National Intelligence
Order and Memorandum Opinion 04/03/2007 (FISC)
NS-DC-0050-0010.pdf | Detail
Order 04/05/2007 (FISC)
NS-DC-0050-0011.pdf | Detail
Document Source: Office of the Director of National Intelligence
Order and Memorandum Opinion 08/02/2007 (FISC)
NS-DC-0050-0013.pdf | Detail
Order 08/24/2007 (FISC)
NS-DC-0050-0012.pdf | Detail
Judges Howard, Malcolm Jones (FISC, E.D.N.C.)
NS-DC-0050-0003 | NS-DC-0050-0004 | NS-DC-0050-0011
Vinson, Roger (FISC)
NS-DC-0050-0010 | NS-DC-0050-0012 | NS-DC-0050-0013
Monitors/Masters None on record
Plaintiff's Lawyers Bradbury, Steven G. (District of Columbia)
NS-DC-0050-0001 | NS-DC-0050-0009
Eisenberg, John A. (District of Columbia)
NS-DC-0050-0001
Gonzales, Alberto (District of Columbia)
NS-DC-0050-0001 | NS-DC-0050-0009
Olsen, Matthew G. (District of Columbia)
NS-DC-0050-0001
Reno, Janet (District of Columbia)
NS-DC-0050-0007
Wainstein, Kenneth L. (District of Columbia)
NS-DC-0050-0001 | NS-DC-0050-0009
Defendant's Lawyers None on record
Other Lawyers None on record

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