More FISC Materials Released
Friday brought us three newly declassified FISC rulings.
Published by The Lawfare Institute
in Cooperation With
Friday brought us three newly declassified FISC rulings. The release was prompted by the Electronic Frontier Foundation's FOIA action against the NSA.
Interestingly, one of the documents apparently is an "updated"---according to the DNI release---version of a previously released, March 2, 2009 FISC order, which had blasted NSA for non-compliance with certain minimization rules.
At any rate, and without further ado:
Docket Number BR 08-13
March 2, 2009 — Order from the Foreign Intelligence Court (Updated) In light of the compliance incidents identified and reported by the Government, the FISC ordered NSA to seek Court approval to query the telephony metadata on a case-by-case basis, except where necessary to protect against an imminent threat to human life “until such time as the Government is able to restore the Court’s confidence that the government can and will comply with the previously approved [Court] procedures for accessing such data.”Docket Number BR 09-06
June 22, 2009 — Order (Updated) In response to the Government’s reporting of a compliance incident related to NSA’s dissemination of certain query results discovered during NSA’s end-to-end review, the FISC ordered the Government to report on a weekly basis, any disseminations of information from the metadata telephony program outside of NSA and provide further explanation of the incident in its final report upon completion of the end-to-end review.Docket Number BR: 10-82
November 23, 2010 — Supplemental Order from the Foreign Intelligence Surveillance Court (Newly Released) Supplemental Order issued by the FISC in response to a government request for records concerning an individual target, not an application requesting records in bulk. The order interprets the relationship between the Right to Financial Privacy Act and Section 215 of the USA PATRIOT Act.
Wells C. Bennett was Managing Editor of Lawfare and a Fellow in National Security Law at the Brookings Institution. Before coming to Brookings, he was an Associate at Arnold & Porter LLP.