Case: In re Motion for Consent to Disclosure of Court Records or, in the Alternative, a Determination of the Effect of the Court's Rules on Statutory Access Rights [FISA Docket Misc. 13-01]

13-00001 | Foreign Intelligence Surveillance Court

Filed Date: 2013

Closed Date: 2013

Clearinghouse coding complete

Case Summary

In July 2012, the Electronic Frontier Foundation (EFF) filed a Freedom of Information Act (FOIA), 5 U.S.C. § 552, request with the U.S. Department of Justice (DOJ). The FOIA request sought any written opinion or order issued by the Foreign Intelligence Surveillance Court (FISC) in which the FISC held government surveillance conducted under the Foreign Intelligence Surveillance Act (FISA) was unreasonable under the Fourth Amendment or had circumvented the law. DOJ did not release any requested l…

In July 2012, the Electronic Frontier Foundation (EFF) filed a Freedom of Information Act (FOIA), 5 U.S.C. § 552, request with the U.S. Department of Justice (DOJ). The FOIA request sought any written opinion or order issued by the Foreign Intelligence Surveillance Court (FISC) in which the FISC held government surveillance conducted under the Foreign Intelligence Surveillance Act (FISA) was unreasonable under the Fourth Amendment or had circumvented the law. DOJ did not release any requested letters in response to the request. In response, EFF filed suit in the United States District Court of the District of Columbia. See Electronic Frontier Found. v. Dep 't of Justice, No. 12-CV-1441-ABJ (D.D.C. filed Aug. 30, 2012).

By letter dated January 3, 2013, the DOJ informed EFF that it had located records, including a FISC opinion, responsive to EFF's FOIA request. However, the records were withheld in full under FOIA Exemptions 1 (classified as secret) and 3 (exempt by another statute). In April 2013, DOJ moved for summary judgment, claiming that FISC Rules barred the agency from disclosing any part of the responsive opinion. On April 24, 2013, EFF asked the district court to stay proceedings in the matter in order to resolve the interplay among the FISC procedural rules, FOIA, and the FISC opinions at issue.

On May 23, 2013, EFF filed a motion to the FISC to disclose the Court's records and to provide a determination whether the FISC Rules bar disclosure of records otherwise subject to release under FOIA.

On June 12, 2013, FISC Judge Reggie Walton granted EFF's motion in part. He held that FISC Rules did not prohibit the Government from disclosing copies of FISC opinions in response to EFF's FOIA request. However, the FISC declined to decide other issues presented in the FOIA litigation, including whether the responsive opinions were subject to disclosure under FOIA, holding that those questions were better addressed by the District Court in the FOIA litigation. 2013 WL 5460051.

Summary Authors

Elizabeth Homan (4/26/2014)

People


Judge(s)
Attorney for Defendant

Carlin, John P. (District of Columbia)

Gauhar, Tashina (District of Columbia)

Patterson, Nicholas J. (District of Columbia)

Expert/Monitor/Master/Other

Rumold, Mark Thomas (California)

Sobel, David L. (District of Columbia)

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Documents in the Clearinghouse

Document

13-00001

Electronic Frontier Foundation Motion 5.23.13

In re Motion for Consent to Disclosure of Court Records . . . [FISA Docket Misc. 13-01]

May 21, 2013

May 21, 2013

Pleading / Motion / Brief

13-00001

Order 05.24.13

In Re Motion for Consent to Disclosure... [FISA Docket Misc. 13-01]

May 24, 2013

May 24, 2013

Order/Opinion

13-00001

U.S. Response 06.07.13

June 7, 2013

June 7, 2013

Pleading / Motion / Brief

13-00001

Order 06.12.13

June 12, 2013

June 12, 2013

Order/Opinion

2013 WL 2013

Docket

Last updated Feb. 22, 2024, 3:05 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: District of Columbia

Case Type(s):

National Security

Special Collection(s):

Foreign Intelligence Surveillance Act -- All Matters

Foreign Intelligence Surveillance Court

Key Dates

Filing Date: 2013

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Electronic Frontier Foundation is a nonprofit organization that focuses on civil liberties with respect to the internet and technology.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Department of Justice, Federal

Case Details

Causes of Action:

Freedom of Information Act (FOIA), 5 U.S.C. § 552

Constitutional Clause(s):

Unreasonable search and seizure

Available Documents:

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Recordkeeping

Monitoring

Warrant/order for search or seizure

Issues

General:

Courts

Record-keeping

Records Disclosure

Search policies

Terrorism/Post 9-11 issues