The Disclosed Use of Section 215 to Obtain a U.S. Person’s Records

On September 13, 2013, Judge Saylor ordered the government to identify and conduct a declassification review of any FISC opinions that were not responsive to the lawsuit that the ACLU had brought in the Southern District of New York, but contained analysis by the FISC “of the meaning, scope, and/or Constitutionality” of Section 215. Continue reading The Disclosed Use of Section 215 to Obtain a U.S. Person’s Records

Credit card information and telephony metadata orders

On January 17, 2014, the DNI released Supplemental FISC Order BR 11-57, dated April 13, 2011, where Judge Martin L.C. Feldman ordered that the government’s required reports to the FISC every 30 days “include a consideration of NSA’s consideration, and to the extent feasible, implementation of methods of purging the credit card information produced by [redacted] and described in the letters submitted by the government on March 1, 2011, and April 13, 2011, in Docket Nos. BR 10-49 and 10-70.” Continue reading Credit card information and telephony metadata orders

Disclosures about Stellarwind

NY Times Co. v. US DOJ, 14 Civ. 3776 (SDNY)

In response to a Freedom of Information Act (“FOIA”) action by the New York Times, the government declassified and portions of a 746-page report authored by six agencies’ inspectors generals in 2009 about the Stellarwind program. Continue reading Disclosures about Stellarwind

EPIC’s lawsuit for information about pen/trap applications to the FISC

After the Department of Justice (“DOJ”) failed to respond to the Freedom of Information Act (“FOIA”) request that the Electronic Privacy Information Center (“EPIC”) made on October 3,2013 for records pertaining to the government’s pen register and/or trap and trace (“pen/trap”) applications to the FISC, Continue reading EPIC’s lawsuit for information about pen/trap applications to the FISC

NSA violations of FISC electronic communications metadata orders

On November 18, 2013, the DNI released a heavily redacted opinion by FISC Judge John D. Bates, even the date and docket number of which were expunged, that relates a history in which “[a]s … the government acknowledges[,] … NSA exceeded the scope of authorized acquisition continuously during the more than [redacted] years of acquisition under these orders [authorizing the collection of Internet metadata under the pen/trap provision of 50 U.S.C. Sec. 1842].” Continue reading NSA violations of FISC electronic communications metadata orders

The FISC’s initial authorization of the electronic communications metadata program

On November 18, 2013, the Director of National Intelligence (“DNI”) released a heavily redacted opinion and order in which Judge Colleen Kollar-Kotelly held that the electronic communications metadata program, which the NSA began in 2004 and allegedly discontinued in 2011, was authorized under FISA and comported with the First and Fourth Amendments.  Continue reading The FISC’s initial authorization of the electronic communications metadata program

The Upstream and Prism programs

In addition to the telephony metadata program, the documents leaked by Snowden concerned the NSA’s collection of the contents of overseas telecommunications from within the United States, which the FISC has authorized since 2008 under the FAA, as incorporated in FISA Sec. 702, 50 U.S.C. Sec. 1881a, and previously authorized under the PAA between 2007-2008. Continue reading The Upstream and Prism programs