Filed Date: 2010
Closed Date: 2011
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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.
Summary Authors
Michael Mirdamadi (5/9/2014)
Bates, John D. (District of Columbia)
Bates, John D. (District of Columbia)
Last updated April 15, 2024, 3:02 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: District of Columbia
Case Type(s):
Special Collection(s):
Foreign Intelligence Surveillance Act -- All Matters
Foreign Intelligence Surveillance Court
Key Dates
Filing Date: 2010
Closing Date: 2011
Case Ongoing: No
Plaintiffs
Plaintiff Description:
U.S. Government, proceeding by an application by the FBI, on behalf of the NSA
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Case Details
Causes of Action:
Constitutional Clause(s):
Unreasonable search and seizure
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Content of Injunction:
Warrant/order for search or seizure
Issues
General: