University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name In re DNI/AG [702] Certification 2010-A NS-DC-0074
Docket / Court Docket 702(i)-10-02 ( 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
In this matter, the FISA Court reviewed the government's July 15, 2010 certification and amended minimization procedures under FISA § 702(i). For an overview of FISA Court review under § 702(i), see NS-DC-0072 in this Clearinghouse. ... read more >
In this matter, the FISA Court reviewed the government's July 15, 2010 certification and amended minimization procedures under FISA § 702(i). For an overview of FISA Court review under § 702(i), see NS-DC-0072 in this Clearinghouse. The court documents in this Clearinghouse case record have not been declassified and released by the government; they are marked Secret and Top Secret. The Washington Post posted them on-line.

The government submitted the 2010-A certification, covering surveillance of foreign governments, factions, entities, and political organizations, on July 15, 2010. In support of the certification, the government filed affidavits from the NSA Director as well as a document listing foreign governments, factions, entities, and political organizations for statutory purposes. These documents are included in the case record; earlier versions in 2008 and 2009 are not available, so they contain new information. The government also filed affidavits from the Directors of the CIA and the FBI, but those documents are not available.

The government filed minimization procedures for the NSA, CIA, and FBI, amending the minimization procedures used in their certifications from 2008 and 2009. Those amended minimization procedures are also not available.

The FISA Court (Judge John D. Bates) issued an order approving the certification and the new minimization procedures on August 19, 2010. The Court found that the certification and the procedures met the statutory requirements of FISA(50 U.S.C. § 1881a(d)-(e)) and comported with the Fourth Amendment, as required by the statute.

Edward Mroczkowski - 04/13/2015


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Issues and Causes of Action
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Issues
General
Other
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
Defendant(s) None on record
Plaintiff Description US Government
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2010
Case Ongoing No
Case Listing NS-DC-0083 : In re: DNI/AG Certification 2008-A (FISC)
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
Affidavit of General Keith B. Alexander, United States Army, Director, National Security Agency 07/15/2010
NS-DC-0074-0002.pdf | Detail
DNI/AG Certification 702(g) 2010-A 07/16/2010
NS-DC-0074-0001.pdf | Detail
Exhibit F: Foreign Entity List 07/16/2010
NS-DC-0074-0003.pdf | Detail
Order 08/19/2010 (FISC)
NS-DC-0074-0004.pdf | Detail
Judges Bates, John D. (FISC, D.D.C., D.C. Circuit)
NS-DC-0074-0004
Monitors/Masters None on record
Plaintiff's Lawyers Alexander, Keith B (District of Columbia)
NS-DC-0074-0002
Gompert, David C. (District of Columbia)
NS-DC-0074-0001
Holder, Eric H. Jr. (District of Columbia)
NS-DC-0074-0001
Defendant's Lawyers None on record
Other Lawyers None on record

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