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S P E C I A L   C O L L E C T I O N
Foreign Intelligence Surveillance Act -- Foreign Targeting (702, 703, 704)

Section 702 of FISA, 50 U.S.C. § 1881a, as added by the FISA Amendments Act of 2008, permits the Attorney General and the Director of National Intelligence 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 surveillance is a foreign power or agent of a foreign power, nor must the government specify the nature and location of the facilities or places that surveillance will occur. Communications of U.S. citizens and residents are frequently collected "incidentally" if those U.S. persons are communicating with a targeted foreigner.

This Clearinghouse special collection brings together litigation addressing this part of FISA.

There is another Clearinghouse page, here, that includes just a subset of this collection -- the criminal cases in which the government notified the court that FISA surveillance was relevant to the case, and the defendant therefore challenged the lawfulness of that surveillance.
The below cases represent a special subset of the full Clearinghouse collection.
Your search returned 38 results Save Search As:       
1 Statistical Transparency Report Regarding Use of National Security Authorities (April 2019)
N/A (FISC)
Filed 2019 - Closed 2019
no defendants on record
National Security
NS-DC-0134
Coding Complete
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]
2 In Re Motion for Publication of Records (May 2019)
Misc. 19-01 (FISC)
Filed 2019 - Case Ongoing
no defendants on record
National Security
NS-DC-0136
Coding Complete
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]
3 In Re Accuracy Concerns Regarding FBI Matters Submitted to the FISC (December 2019) (Collyer, J.)
Misc. 19-02 (FISC)
Filed 2019 - Case Ongoing
United States
Federal Bureau of Information
National Security
NS-DC-0137
Coding Complete
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]
4 [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
National Security
NS-DC-0133
Coding Complete
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]
5 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
National Security
NS-DC-0135
Coding Complete
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]
6 United States v. Aws Mohammed Younis Al-Jayab
1:16-cr-00181 (N.D. Ill.)
Filed 2016 - Case Ongoing
Aws Mohammed Younis Al-Jayab
National Security
NS-IL-0003
Coding Complete
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]
7 [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
National Security
NS-DC-0113
Washington
Coding Complete
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]
8 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
National Security
NS-DC-0117
District of Columbia County
Coding Complete
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]
9 ACLU v. NSA
1:16-cv-08936 (S.D.N.Y.)
Filed 2016 - Closed 2017
National Security Agency
National Security Agency
National Security
NS-NY-0022
Coding Complete
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]
10 Wikimedia Foundation v. National Security Agency
1:15-cv-00662 (D. Md.)
Filed 2015 - Case Ongoing
National Security Agency
National Security Agency
National Security
NS-MD-0001
Anne Arundel County
Coding Complete
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]
11 The New York Times Company v. National Security Agency
1:15-cv-02383-KBF (S.D.N.Y.)
Filed 2015 - Closed 2016
National Security Agency
National Security Agency
National Security
NS-NY-0016
Washington
Coding Complete
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]
12 [Redacted Caption] Gov't Ex Parte Submissions of Reauthorization Certification and Related Procedures, Amended Certifications, and Request for an Order Approving Such Certification and Amended Certifications (November 2015) (702, Hogan, J.)
[Redacted] (FISC)
Filed 2015 - Closed 2015
no defendants on record
National Security
NS-DC-0103
Coding Complete
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]
13 United States v. Mohammad
3:15-CR-00358-JZ (N.D. Ohio)
Filed 2015 - Case Ongoing
Yahya Farooq Mohammad
National Security
NS-OH-0002
Coding Complete
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]
14 Twitter v. Barr
4:14-cv-4480 (N.D. Cal.)
Filed 2014 - Case Ongoing
U.S. Department of Justice
FBI
National Security
NS-CA-0013
Coding Complete
[Note: This case was previously known as Twitter v. Holder, then Twitter v. Lynch, then Twitter v. Sessions] On October 7, 2014, Twitter -- an online social networking service -- filed a lawsuit in the U.S. District Court for the Northern District of California against the U.S. Department of Justice (DOJ) and the Federal Bureau of Investigation ( ... [view]
15 United States v. Gartenlaub
8:14-cr-00173 (C.D. Cal.)
Filed 2014 - Case Ongoing
Keith Gartenlaub
National Security
NS-CA-0029
Coding Complete
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]
16 [Redacted Caption] Gov't Ex Parte Submissions of Reauthorization Certification and Related Procedures, Amended Certifications, and Request for an Order Approving Such Certification and Amended Certifications (August 2014) (702, Hogan, J.)
[Redacted] (FISC)
Filed 2014 - Closed 2014
no defendants on record
National Security
NS-DC-0102
Coding Complete
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]
17 [Caption Redacted] Government's Ex Parte Submission of [Redacted] and Related Procedures and Request for an Order Approving [Redacted] and Procedures (November 2013) (702, Walton, J.)
[redacted] (FISC)
Filed 2013 - Closed 2013
no defendants on record
National Security
NS-DC-0121
Coding Complete
In June 2017, in response to a lawsuit filed by the Electronic Frontier Foundation (NS-CA-0027 in this Clearinghouse), the federal government released eighteen previously classified opinions by the Foreign Intelligence Surveillance Court (FISC). One of the opinions declassified ... [view]
18 United States v. Muhtorov
1:12-cr-00033-JLK (D. Colo.)
Filed 2012 - Case Ongoing
Bakhtiyor Jumaev
National Security
NS-CO-0001
Coding Complete
In early 2012, the federal government initiated criminal prosecution of Jamshid Muhtorov (January 19) and Bakhityor Jumaev (March 14) in the U.S. District Court for the District of Colorado. The government charged each of these defendants with providing, conspiring to provide, and attempting to provide material support and resources to a foreign ... [view]
19 Electronic Frontier Foundation v. Department of Justice
1:12-cv-01441-ABJ (D.D.C.)
Filed 2012 - Closed 2015
Department of Justice
National Security
NS-DC-0080
Coding Complete
On August 30, 2012, Plaintiff Electronic Frontier Foundation filed this lawsuit in the United States District Court for the District of Columbia. The Plaintiff sought injunctive relief against Defendants Department of Justice, Office of Information Policy (OIP), and National Security Division (NSD) under the Freedom of Information Act (FOIA), 5 U ... [view]
20 United States v. Qazi
0:12-cr-60298 (S.D. Fla.)
Filed 2012 - Closed 2018
the United States
the United States Attorneys' Office
National Security
NS-FL-0001
Coding Complete
Two brothers, both naturalized U.S. citizens from Pakistan, were arrested while plotting to conduct a terrorist attack using a weapon of mass destruction in New York City in November 2012. They were indicted on two counts: (1) conspiring to provide material support to terrorists and (2) conspiring to use a weapon of mass destruction. This case was ... [view]
21 [Caption Redacted] Government's Ex Parte Submission of [Redacted] and Related Procedures and Request for an Order Approving [Redacted] and Procedures (July 2012) (702, Walton, J.)
[redacted] (FISC)
Filed 2012 - Closed 2012
no defendants on record
National Security
NS-DC-0120
Coding Complete
In June 2017, in response to a lawsuit filed by the Electronic Frontier Foundation (NS-CA-0027 in this Clearinghouse), the federal government released eighteen previously classified opinions by the Foreign Intelligence Surveillance Court (FISC). One of the opinions declassified ... [view]
22 [Redacted caption] Gov't Ex Parte Submissions of Reauthorization Certification and Related Procedures, Amended Certifications, and Request for an Order Approving Such Certification and Amended Certifications (April 2011) (702, Bates, J.)
[Redacted] (FISC)
Filed 2011 - Closed
no defendants on record
National Security
NS-DC-0057
Coding Complete
For the Civil Rights Litigation Clearinghouse collection of FISA matters, see our special collection. The FISA Amendments Act of 2008 included a new title giving the government the authority to monitor electronic communications of foreigners abroad. Section 702 ... [view]
23 United States v. Hasbajrami
1:11-cr-00623 (E.D.N.Y.)
Filed 2011 - Case Ongoing
no defendants on record
National Security
NS-NY-0012
Coding Complete
24 United States v. Mohamud
3:10-CR-00475-KI-1 (D. Or.)
Filed 2010 - Case Ongoing
Mohamed Osman Mohamud
National Security
NS-OR-0003
Coding Complete
On November 19, 2013, the Department of Justice notified Mohamed Osman Mohamud, the criminal defendant in this case, that it had used evidence from a FISA warrantless wiretap in the proceedings leading to Mr. Mohamud's conviction. This was the second time the DOJ notified a criminal defendant of this information, following a new, broader ... [view]
25 In re DNI/AG [702] Certification 2010-A
Docket 702(i)-10-02 (FISC)
Filed 2010 - Closed 2010
no defendants on record
National Security
NS-DC-0074
Coding Complete
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 ... [view]
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