University of Michigan Law School
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Criminal cases challenging FISA surveillance

Section 702 of the Foreign Intelligence Surveillance Act (FISA), 50 U.S.C. ยง 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.

There's a Clearinghouse special collection -- here that brings together all the litigation addressing this part of FISA. The list below is a subset--it includes 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.

Note: There are several cases in which the government provided this kind of notice, but the defendant did not challenge the surveillance. These are not listed below or otherwise incorporated in the Clearinghouse. They include:

  • United States v. Khan (District of Oregon; No. 3:12-CR-00659)
  • United States v. Zazi (Eastern District of New York; No. 1:09-CR-00663)
  • United States v. Mihalik (Central District of California; No. 2:11-CR-00833)

The below cases represent a special subset of the full Clearinghouse collection.
Your search returned 7 results Save Search As:       
1 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
Coding Complete
2 United States v. Mohammad
3:15-CR-00358-JZ (N.D. Ohio)
Filed 2015 - Case Ongoing
Yahya Farooq Mohammad
National Security
Coding Complete
3 United States v. Gartenlaub
8:14-cr-00173 (C.D. Cal.)
Filed 2014 - Case Ongoing
Keith Gartenlaub
National Security
Coding Complete
4 United States v. Muhtorov
1:12-cr-00033-JLK (D. Colo.)
Filed 2012 - Case Ongoing
Bakhtiyor Jumaev
National Security
Coding Complete
5 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
Coding Complete
6 United States v. Hasbajrami
1:11-cr-00623 (E.D.N.Y.)
Filed 2011 - Case Ongoing
no defendants on record
National Security
Coding Complete
7 United States v. Mohamud
3:10-CR-00475-KI-1 (D. Or.)
Filed 2010 - Case Ongoing
Mohamed Osman Mohamud
National Security
Coding Complete
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