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S P E C I A L C O L L E C T I O N
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Foreign Intelligence Surveillance Act -- All Matters
This Clearinghouse special collection brings together all the litigation we know about that deals with the Foreign Intelligence Surveillance Act (including the FISA Amendments Act). Many are newly declassified items from the docket of the Foreign Intelligence Surveillance Court; others predate those recent disclosures.
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The below cases represent a special subset of the full
Clearinghouse collection.
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1
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In Re Accuracy Concerns Regarding FBI Matters Submitted to the FISC (December 2019) (Collyer, J.)
Misc. 19-02 (FISC)
Filed 12/17/2019 - Case Ongoing
United States
Federal Bureau of Information
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National Security
NS-DC-0137
Coding Complete
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On December 17, 2019, FISC submitted an order responding to allegations that the FBI provided false information in connection to the surveillance of U.S. citizen Carter Page, NS-DC-0136. The allegations were in response to the Government's release of the Office of Inspector General's ... [view]
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2
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In Re Motion for Publication of Records (May 2019)
Misc. 19-01 (FISC)
Filed 05/22/2019 - Case Ongoing
no defendants on record
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National Security
NS-DC-0136
Coding Complete
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On May 22, 2019, John Solomon and the Southeastern Legal Foundation (movants) moved for the publication of FISC records regarding: 1) any records or documents related to any investigation that an attorney violated the FISC Rules of Procedure or Rules of Professional Conduct in connection with the Carter Page Foreign Intelligence Surveillance Act ... [view]
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3
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Statistical Transparency Report Regarding Use of National Security Authorities (April 2019)
N/A (FISC)
Filed 04/30/2019 - Closed 2019
no defendants on record
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National Security
NS-DC-0134
Coding Complete
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On April 30, 2019, the Office of the Director of National Intelligence (ODNI), consistent with the Foreign Intelligence Surveillance Act of 1978, as amended by U.S.C. § 1873(b), released this report presenting statistics on the government's use national security authorities. The report covered statistics pertaining to FISA Probable Cause ... [view]
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4
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[Caption Redacted] DNI/AG 702(h) Cerifications 2018 (July 2019) (702, Cabranes, J.; Tallman, J.; Sentelle, J.)
[redacted] (FISC)
Filed 2018 - Closed 2019
Federal Bureau of Investigation
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National Security
NS-DC-0133
Coding Complete
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Section 702 of the FISA Amendments Act of 2008, 50 U.S.C. § 1881a, permits the Attorney General (AG) and the Director of National Intelligence (DNI) to conduct foreign intelligence surveillance targeting the communications of non-U.S. persons located abroad. The government need not establish probable cause that the target of electronic ... [view]
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5
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In re Orders & Records of this Court Related to the Surveillance of Carter Page [FISA Docket Misc. 18-01]
Misc. 18-01 (FISC)
Filed 2018 - Case Ongoing
Department of Justice
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National Security
NS-DC-0126
Coding Complete
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The Foreign Intelligence Surveillance Act (FISA) requires the government to obtain a warrant from the Foreign Intelligence Surveillance Court (FISC) before it may conduct any domestic electronic surveillance to acquire foreign intelligence information. The warrant applications are made ex parte and must include a sworn statement by a federal ... [view]
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6
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N.Y. Times Co. v. United States DOJ
1:18-cv-02054-AT (S.D.N.Y.)
Filed 2018 - Closed 2018
Department of Justice
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National Security
NS-NY-0024
Coding Complete
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The Foreign Intelligence Surveillance Act (FISA) requires the government to obtain a warrant from the Foreign Intelligence Surveillance Court (FISC) before it may conduct any domestic electronic surveillance to acquire foreign intelligence information. The warrant applications are made ex parte and must include a sworn statement by a federal ... [view]
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7
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In re Matters Before the Foreign Intelligence Surveillance Court Relating to Carter Page & Declassified by Order of the President on February 2, 2018 [FISA Docket Misc. 18-02]
Misc. 18-02 (FISC)
Filed 2018 - Case Ongoing
no defendants on record
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National Security
NS-DC-0128
Coding Complete
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The Foreign Intelligence Surveillance Act (FISA) requires the government to obtain a warrant from the Foreign Intelligence Surveillance Court (FISC) before it may conduct any domestic electronic surveillance to acquire foreign intelligence information. The warrant applications are made ex parte and must include a sworn statement by a federal ... [view]
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8
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Judicial Watch, Inc.'s Motion for Publication of Court Transcripts [FISA Docket Misc. 18-03]
Misc. 18-03 (FISC)
Filed 2018 - Case Ongoing
no defendants on record
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National Security
NS-DC-0129
Coding Complete
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The Foreign Intelligence Surveillance Act (FISA) requires the government to obtain a warrant from the Foreign Intelligence Surveillance Court (FISC) before it may conduct any domestic electronic surveillance to acquire foreign intelligence information. The warrant applications are made ex parte and must include a sworn statement by a federal ... [view]
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9
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Motion of Thomas C. Goldstein For Appointment As Amicus Curiae and For Leave to File Amicus Curiae Brief [FISA Docket Misc. 18-04]
Misc. 18-04 (FISC)
Filed 2018 - Case Ongoing
no defendants on record
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National Security
NS-DC-0130
Coding Complete
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The Foreign Intelligence Surveillance Act (FISA) requires the government to obtain a warrant from the Foreign Intelligence Surveillance Court (FISC) before it may conduct any domestic electronic surveillance to acquire foreign intelligence information. The warrant applications are made ex parte and must include a sworn statement by a federal ... [view]
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10
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Judicial Watch, Inc. v. United States DOJ
1:18-cv-01050 (D.D.C.)
Filed 2018 - Closed 2018
Department of Justice
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National Security
NS-DC-0131
Coding Complete
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The Foreign Intelligence Surveillance Act (FISA) requires the government to obtain a warrant from the Foreign Intelligence Surveillance Court (FISC) before it may conduct any domestic electronic surveillance to acquire foreign intelligence information. The warrant applications are made ex parte and must include a sworn statement by a federal ... [view]
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11
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Order Amending the Rules of Procedure for the Court [FISCR Docket 18-02]
FISCR Docket 18-02 (FISC)
Filed 2018 - Closed
no defendants on record
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National Security
NS-DC-0132
Coding Complete
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The Foreign Intelligence Surveillance Act (FISA) requires the government to obtain a warrant from the Foreign Intelligence Surveillance Court (FISC) before it may conduct any domestic electronic surveillance to acquire foreign intelligence information. The warrant applications are made ex parte and must include a sworn statement by a federal ... [view]
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12
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Semiannual Assessment of Compliance with Procedures and Guidelines Issued Pursuant to Section 702 of the Foreign Intelligence Surveillance Act (March 2019) (702)
N/A (FISC)
Filed 2018 - Closed
no defendants on record
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National Security
NS-DC-0135
Coding Complete
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Section 702 of the FISA Amendments Act of 2008, 50 U.S.C. § 1881a, permits the Attorney General (AG) and the Director of National Intelligence (DNI) to conduct foreign intelligence surveillance targeting the communications of non-U.S. persons located abroad. The government need not establish probable cause that the target of electronic ... [view]
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13
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Electronic Frontier Foundation v. U.S. Department of Justice
4:16-cv-02041 (N.D. Cal.)
Filed 04/19/2016 - Case Ongoing
United States Department of Justice
Department of Justice
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National Security
NS-CA-0027
Coding Complete
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On April 19, 2016, the Electronic Frontier Foundation (EFF), a non-profit organization concerned with technology-related civil liberty issues, filed suit in the United States District Court for the Northern District of California against the United States Department of Justice (DOJ) under the Freedom of Information Act (FOIA) 5 U.S.C. § 552. The ... [view]
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14
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ACLU v. NSA
1:16-cv-08936 (S.D.N.Y.)
Filed 2016 - Closed 2017
National Security Agency
National Security Agency
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National Security
NS-NY-0022
Coding Complete
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On November 11, 2017, the American Civil Liberties Union and its Foundation filed an action in the U.S. District Court for the Southern District of New York under the Freedom of Information Act (FOIA), seeking the processing and release of agency records from the National Security Agency (NSA), Office of the Director of National Intelligence (DNI), ... [view]
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15
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United States v. Aws Mohammed Younis Al-Jayab
1:16-cr-00181 (N.D. Ill.)
Filed 2016 - Case Ongoing
Aws Mohammed Younis Al-Jayab
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National Security
NS-IL-0003
Coding Complete
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This is the eighth time the Justice Department has notified a criminal defendant that evidence being used against him came from a FISA warrantless wiretap, a move that is expected at some point to set up a Supreme Court test of whether such eavesdropping is constitutional. (As explained below, however, this case was resolved by guilty plea and ... [view]
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16
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In re [Redacted] a U.S. Person
PR/TT 2016 (FISC)
Filed 2016 - Closed 2016
United States
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National Security
NS-DC-0104
Coding Complete
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For the Civil Rights Litigation Clearinghouse collection of Foreign Intelligence Surveillance Act (FISA) matters, see our special collection. On January 21, 2016, the government submitted an application to the Foreign Intelligence Surveillance Court (FISC) to ... [view]
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17
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[Caption Redacted] Government’s Ex Parte Submission of Reauthorization Certifications and Related Procedures, Amended Certifications, and Request for an Order Approving Such Certifications (September 2016) (702, Collyer, J.)
[Redacted] (FISC)
Filed 2016 - Closed 2017
United States
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National Security
NS-DC-0113
Washington
Coding Complete
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Section 702 of the FISA Amendments Act of 2008, 50 U.S.C. § 1881a et seq., permits the Attorney General (AG) and the Director of National Intelligence (DNI) to conduct foreign intelligence surveillance targeting the communications of non-U.S. persons located abroad. The government need not establish probable cause that the target of electronic ... [view]
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18
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In re Opinions and Orders of this Court Containing Novel or Significant Interpretations of Law
Misc. 16-01 (FISC)
Filed 2016 - Case Ongoing
United States
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National Security
NS-DC-0117
District of Columbia County
Coding Complete
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For the Civil Rights Litigation Clearinghouse collection of Foreign Intelligence Surveillance Act (FISA) matters, see our special collection. On October 19, 2016, the American Civil Liberties Union and the Media Freedom and Information Access Clinic of Yale Law ... [view]
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19
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In re Carter W. Page, a U.S. Person
[Redacted] (FISC)
Filed 2016 - Closed 2017
no defendants on record
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National Security
NS-DC-0127
Coding Complete
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The Foreign Intelligence Surveillance Act (FISA) requires the government to obtain a warrant from the Foreign Intelligence Surveillance Court (FISC) before it may conduct any domestic electronic surveillance to acquire foreign intelligence information. The warrant applications are made ex parte and must include a sworn statement by a federal ... [view]
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20
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United States v. Mohammad
3:15-CR-00358-JZ (N.D. Ohio)
Filed 09/30/2015 - Case Ongoing
Yahya Farooq Mohammad
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National Security
NS-OH-0002
Coding Complete
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On September 30, 2015, Yahya Farooq Mohammad, Ibrahim Zubair Mohammad, Asif Ahmed Salim, and Sultane Roome Salim were indicted in U.S. District Court of the Northern District of Ohio for conspiracy to provide and conceal material support and resources to terrorists, for providing material support and resources to terrorists and for conspiracy to ... [view]
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21
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Valdez v. National Security Agency
2:15-cv-00584-RJS-DBP (D. Utah)
Filed 08/08/2015 - Case Ongoing
United States
National Security Agency
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National Security
NS-UT-0001
Fort Meade
Coding Complete
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On August 8, 2015, six U.S. citizens who had their email, text message, and telephone call metadata collected by the government during the 2002 Winter Olympic Games in Salt Lake City, Utah, filed suit against the National Security Agency ("NSA") and the Federal Bureau of Investigation ("FBI"). The plaintiffs challenged the legality of the domestic ... [view]
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22
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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]
Misc. 15-01 (FISC)
Filed 06/05/2015 - Closed
United States of America
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National Security
NS-DC-0085
Coding Complete
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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 ... [view]
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23
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Wikimedia Foundation v. National Security Agency
1:15-cv-00662 (D. Md.)
Filed 03/10/2015 - Case Ongoing
National Security Agency
National Security Agency
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National Security
NS-MD-0001
Anne Arundel County
Coding Complete
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On March 10, 2015, a collective of organizations interested in privacy, led by the Wikimedia Foundation, filed this lawsuit in the U.S. District Court for District of Maryland. The plaintiffs sued the National Security Agency and the Department of Justice under the Administrative Procedure Act, 5 U.S.C. §§ 701 et seq. The plaintiffs, represented ... [view]
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24
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The New York Times Company v. National Security Agency
1:15-cv-02383-KBF (S.D.N.Y.)
Filed 01/12/2015 - Closed 2016
National Security Agency
National Security Agency
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National Security
NS-NY-0016
Washington
Coding Complete
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On January 12, 2015, the New York Times (“the Times”) submitted a Freedom of Information Act (“FOIA”) request to the National Security Agency (“NSA”) pursuant to the Freedom of Information Act, 5 U.S.C. § 552. The Times sought copies of all NSA Inspector General Reports related to three topics: the NSA’s content collection ... [view]
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25
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In re Applications of the Federal Bureau of Investigation for Orders Requiring the Production of Tangible Things [BR 15-77 & 15-78]
BR 15-77 & 15-78 (FISC)
Filed 2015 - Closed
United States
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National Security
NS-DC-0087
Coding Complete
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In 2015, the U.S. government submitted these two applications to the U.S. Foreign Intelligence Surveillance Court (FISC) under Section 501 of the Foreign Intelligence Surveillance Act of 1978 (as amended by Section 215 of the PATRIOT Act of 2001) for "business records" orders. This case does not appear to involve the bulk production of telephone ... [view]
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