University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name In re Motion in Opposition to Government's Imminent or Recently-Made Request to Resume Bulk Data Collection Under PATRIOT Act § 215 [Misc. 15-01] NS-DC-0085
Docket / Court Misc. 15-01 ( FISC )
State/Territory District of Columbia
Case Type(s) National Security
Special Collection Foreign Intelligence Surveillance Act -- All Matters
Foreign Intelligence Surveillance Act -- Telephony Metadata
Foreign Intelligence Surveillance Court
Case Summary
On June 5, 2015, FreedomWorks Foundation, a non-profit political advocacy group, filed this motion in the U.S. Foreign Intelligence Surveillance Court to oppose the government's request for the continuation of authority for the bulk collection of telephony metadata under Section 215 of the Patriot ... read more >
On June 5, 2015, FreedomWorks Foundation, a non-profit political advocacy group, filed this motion in the U.S. Foreign Intelligence Surveillance Court to oppose the government's request for the continuation of authority for the bulk collection of telephony metadata under Section 215 of the Patriot Act. This bulk collection program was previously authorized, most recently by FISC Judge James E. Boasberg in In re Application of the Federal Bureau of Investigation for an Order Requiring the Production of Tangible Things from [redacted], FISA Docket BR 15-24 (NS-DC-0070 in this Clearinghouse).

The movants noted that Judge Boasberg's authorization expired on June 1, 2015, and the movants thus believed the government had or would be requesting continued authority. The movants opposed any continuance of metadata collection in light of Congress's amendment of Section 215 as part of the USA FREEDOM Act of 2015 and the Second Circuit's ruling holding metadata collection beyond the scope of Section 215 in ACLU v. Clapper, 785 F.3d 787 (2d Cir. 2015) (NS-NY-0003 in this Clearinghouse). The USA FREEDOM Act prohibited the bulk production of tangible things under 50 U.S.C. § 1861, and instead established a new mechanism for targeted production of call detail records which "shall take effect . . . 180 days after the enactment" of the USA FREEDOM Act.

As the movants expected, on June 8, 2015, the government filed an application to obtain continued authorization for telephony metadata for this 180-day transition period between the expiration of authorization under FISA Docket BR 15-24 and the new procedures authorized by the USA FREEDOM Act. That application was listed under FISA Docket BR 15-75 (NS-DC-0086 in this Clearinghouse). Supplemental briefs were also filed by the government and the movants in this action (FISA Docket Misc. 15-01).

On June 29, 2015, FISC Judge Michael W. Mosman approved the government's application in FISA Docket BR 15-75 for continuation of authority to collect telephony metadata during the 180-day transition period. More information can be found under NS-DC-0086 in this Clearinghouse. Therefore the motion in this matter was denied, and the matter closed.

John He - 03/14/2016


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Issues and Causes of Action
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Issues
General
Search policies
Terrorism/Post 9-11 issues
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 Non-profit political advocacy group
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted Moot
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing No
Case Listing NS-DC-0086 : In re Application of the Federal Bureau of Investigation for an Order Requiring the Production of Tangible Things from [redacted] [BR 15-75] (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)
Misc. 15-01 (FISC) 06/05/2015
NS-DC-0085-9000.pdf | Detail
Foreign Intelligence Surveillance Court
General Documents
Motion in Opposition to Government's Imminent or Recently-Made Request to Resume Bulk Data Collection Under Patrio Act §215 06/05/2015
NS-DC-0085-0001.pdf | Detail
Document Source: Foreign Intelligence Surveillance Court
Correspondence Re: Docket No. Misc. No. 15-01 06/10/2015
NS-DC-0085-0002.pdf | Detail
Document Source: Foreign Intelligence Surveillance Court
Motion to Allow Filing of Notice of Related Docket 06/12/2015
NS-DC-0085-0003.pdf | Detail
Document Source: Foreign Intelligence Surveillance Court
Response to Motion in Opposition to Government's Request to Resume Bulk Data Collection Under Patriot Act Section 215 06/12/2015
NS-DC-0085-0004.pdf | Detail
Document Source: Foreign Intelligence Surveillance Court
Movant's Supplemental Brief Addressing Effect of § 109 of USA Freedom Act on Bulk Acquisition of Call-Detail Records 06/12/2015
NS-DC-0085-0006.pdf | Detail
Document Source: Foreign Intelligence Surveillance Court
Correspondence Re: Oral Argument in Docket No. Misc. 15-01 06/15/2015
NS-DC-0085-0005.pdf | Detail
Document Source: Foreign Intelligence Surveillance Court
Opinion and Order 06/29/2015 (FISC)
NS-DC-0085-0007.pdf | Detail
Document Source: Foreign Intelligence Surveillance Court
Judges Mosman, Michael W. (FISC, D. Or.)
NS-DC-0085-0007
Monitors/Masters None on record
Plaintiff's Lawyers Cuccinelli, Kenneth T. II (Virginia)
NS-DC-0085-0001 | NS-DC-0085-0004 | NS-DC-0085-0005 | NS-DC-0085-0006
Defendant's Lawyers None on record
Other Lawyers Smith, Paul M. (District of Columbia)
NS-DC-0085-0003

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