The appointment of amicus curiae in regard to the retention of bulk metadata

Order Appointing an Amicus Curiae, BR 15-99 (FISC Sept. 17, 2015)

On September 17, FISC Judge Michael W. Mosman appointed Preston Burton as amicus curiae, pursuant to 50 U.S.C. Sec. 1803(i)(2)(B), to assist in deciding on the government’s request to retain bulk metadata for litigation purposes after November 28, 2015, Continue reading The appointment of amicus curiae in regard to the retention of bulk metadata

The FISC’s dismissal of statutory and constitutional arguments against the interim reauthorization of bulk collection

In response to the government’s request of June 2, 2015,  FISC Judge Michael W. Mosman issued a Primary Order on June 29 reauthorizing the NSA’s bulk telephony metadata program until August 28, 2015. The order was accompanied by an Opinion rejecting statutory and constitutional challenges to continuing the program. Continue reading The FISC’s dismissal of statutory and constitutional arguments against the interim reauthorization of bulk collection

The (non-) effect of the Patriot Act’s sunset clause

Memorandum Opinion, BR 15-77, 15-78 (FISC June 17, 2015)

This Opinion holds that the Sunset Clause of the Patriot Act, Section 102(b)(1), does not prevent the FISC from reauthorizing the NSA’s bulk telephony metadata program. Continue reading The (non-) effect of the Patriot Act’s sunset clause