Newly Declassified FISC Filings and 215 Orders

Today the Office of the Director of National Intelligence and the Department of Justice released, in redacted form, a previously classified series of Foreign Intelligence Surveillance Court filings and orders from 2009-2010 concerning the collection of bulk telephony metadata under Section 215 of the USA Patriot Act. These documents relate to a robust interaction that occurred between the Department of Justice and a telecommunications service provider that included the provider’s review of prior FISC applications, orders and opinions, regarding lawful compliance with those orders. Documents:

• Motion to Unseal Records (Jan. 7, 2010) including prior FISC applications, orders and opinions, for the purpose of disclosing and discussing with the recipient the Section 215 order.

• Joint Motion for Enlargement of Time (Jan. 8, 2010) allowed under FISC rules for the recipient if the Section 215 secondary order to file a petition challenging that order pursuant to 50 U.S.C. § 1861(f), filed by the government and the recipient of the secondary order.

• FISC Order Granting Enlargement of Time (Jan. 8. 2010).

• FISC Order Granting Motion to Unseal Records (Jan. 8, 2010).

• Motion for Amended Secondary Order (Jan. 11, 2010) requesting that the FISC amend a secondary order to the recipient to expressly incorporate the findings of the FISC in three specific respects as described in the motion. This motion was granted Jan. 12, 2010, when the court issued an amended secondary order in the form proposed by the government.