University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name In re Application of the FBI for an Order Requiring the Production of Tangible Things From [Redacted], BR 10-82 NS-DC-0052
Docket / Court BR 10-82 ( FISC )
State/Territory District of Columbia
Case Type(s) National Security
Special Collection Foreign Intelligence Surveillance Act -- All Matters
Foreign Intelligence Surveillance Court
Case Summary
For the Civil Rights Litigation Clearinghouse collection of FISA matters, see our special collection.

On March 28, 2014, the Director of National Intelligence authorized the declassification and public ... read more >
For the Civil Rights Litigation Clearinghouse collection of FISA matters, see our special collection.

On March 28, 2014, the Director of National Intelligence authorized the declassification and public release of numerous orders pertaining to the National Security Agency's ("NSA") so-called "Bulk Telephony Metadata Program" under Section 501 of the Foreign Intelligence Surveillance Act of 1978 ("FISA"), commonly referred to as Section 215 of the USA PATRIOT Act. This declassification and release was prompted by the Electronic Frontier Foundation's Freedom of Information Act request to the U.S. Department of Justice.

This particular order is a supplemental order issued by FISC Judge John D. Bates on November 23, 2010, in response to a Federal Bureau of Investigation ("FBI") application, under Section 215 of the USA PATRIOT Act, requesting financial records pertaining to a counterterrorism investigation of a specific target. (Section 215 is the provision under which the NSA has acquired bulk telephony metadata, but this particular order appears to authorize access to financial records, apparently not in bulk but rather more directly relevant to a particular counterterrorism investigation.

The order interpreted the relationship between the Right to Financial Privacy Act ("RFPA") and Section 215 of the USA PATRIOT Act. The FISC held that the RFPA does not preclude the use of Section 215 to obtain financial records. The FISC explained that both RFPA and Section 215 allow the use of so-called "National Security Letters" to obtain financial records, without judicial review, and thus, it must be permissible to obtain these records with judicial review. To hold otherwise, the FISC noted, would create an anomaly.

The next matter authorizing collection under Section 215 is BR 11-07, NS-DC-0045 in this Clearinghouse.

Michael Mirdamadi - 05/09/2014


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Issues and Causes of Action
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Issues
Constitutional Clause
Unreasonable search and seizure
Content of Injunction
Monitoring
Recordkeeping
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 V order (PATRIOT Act § 215, business records or other tangible things), 50 U.S.C. §§ 1861-1862
Defendant(s) None on record
Plaintiff Description U.S. Government, proceeding by an application by the FBI, on behalf of the NSA
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 Injunction / Injunctive-like Settlement

Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2011
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
Supplemental Order 11/23/2010 (FISC)
NS-DC-0052-0001.pdf | Detail
Document Source: Office of the Director of National Intelligence
Judges Bates, John D. (FISC, D.D.C., D.C. Circuit)
NS-DC-0052-0001
Monitors/Masters None on record
Plaintiff's Lawyers None on record
Defendant's Lawyers None on record
Other Lawyers None on record

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