Case: In re the matter of the application of the United States for an order authorizing the production of any tangible things from [redacted information] FISA Docket BR 06-09

06-00009 | U.S. District Court for the Foreign Intelligence Surveillance Court

Filed Date: 2006

Clearinghouse coding complete

Case Summary

For the Civil Rights Litigation Clearinghouse collection of FISA matters, see our special collection.On January 17, 2014, the Director of National Intelligence authorized the declassification and public release of numerous orders approving the National Security Agency's ("NSA") so-called "Bulk Telephony Metadata Program" under Section 501 of the Foreign Intelligence Surveillance Act of 1978 ("FISA"), commonly referred to as Section 215 of the USA PATRIOT Act. Press release available here. Und…

For the Civil Rights Litigation Clearinghouse collection of FISA matters, see our special collection.

On January 17, 2014, the Director of National Intelligence authorized the declassification and public release of numerous orders approving the National Security Agency's ("NSA") so-called "Bulk Telephony Metadata Program" under Section 501 of the Foreign Intelligence Surveillance Act of 1978 ("FISA"), commonly referred to as Section 215 of the USA PATRIOT Act. Press release available here.

Under the program, the NSA has collected records from large telecommunication companies about, apparently, virtually all domestic telephone calls. These records, termed "telephony metadata," include the phone numbers placed and received; the date, time and duration of calls; some location identifiers; and calling card numbers. The records, however, apparently do not include the parties' names, addresses or financial information or the call's content. Once collected, the records are stored for several years and may be queried, used, and disseminated only in accordance with "minimization rules" proposed by the government and approved by the Foreign Intelligence Surveillance Court ("FISC"). The most basic aspect of the minimization rules has been that the metadata records can be queried when there is a reasonable suspicion, based on specific and articulated facts, that the identifier that will be used as the basis for the query is associated with specified foreign terrorist organizations.

The program began under executive authority alone, following the September 11, 2001 terrorist attacks. Subsequently, in 2006, the federal government first sought approval of the program from the FISC under Section 215 of the USA PATRIOT Act. This Section 215 order must be reviewed and reapproved by the FISC essentially every 90 days. It has been approved dozens of times by many different federal judges, on the FISC, since its initial approval on May 24, 2006 by the FISC. (See BR 06-05, NS-DC-0009 in this Clearinghouse.)

In this specific matter, on September 5, 2006, the Department of Justice filed with the FISC a copy of the standard minimization procedures that govern the NSA's use of telephony metadata. The minimization procedures are derived from the Attorney General Guidelines for FBI National Security Investigations and Foreign Intelligence Collection, effective October 31, 2003 under the direction of then-Attorney General John Ashcroft. These minimization procedures seem to be in effect until 2008. The primary order issued in FISA Docket BR 08-08 noted the updated minimization procedures in light of the 2008 revision of the Attorney General's Guidelines for Domestic FBI Operations.

Apparently, no other documents related to this docket have been disclosed. This matter does not seem to include any primary orders authorizing continuation of the Section 215 program. Rather, authority for the program during this time period was issued under dockets BR 06-05, NS-DC-0009 and BR 06-08, NS-DC-0031 in this Clearinghouse.

Summary Authors

Elizabeth Homan (4/14/2014)


Attorneys(s) for Plaintiff

Baker, James A. (District of Columbia)

Attorneys(s) for Plaintiff

Baker, James A. (District of Columbia)

Documents in the Clearinghouse

Document

Submission of Interim Standard Minimization Procedures

In Re the Matter of the Application of the United States for an Order Authorizing the Production of any Tangible Things [FISA Docket BR 06-09]

Sept. 5, 2006 Statute/Ordinance/Regulation

Docket

Last updated May 11, 2022, 8 p.m.

Docket sheet not available via the Clearinghouse.

State / Territory: District of Columbia

Case Type(s):

National Security

Special Collection(s):

Foreign Intelligence Surveillance Act -- All Matters

Foreign Intelligence Surveillance Act -- Telephony Metadata

Foreign Intelligence Surveillance Court

Key Dates

Filing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff is the National Security Agency.

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Case Details

Causes of Action:

FISA Title V order (PATRIOT Act § 215, business records or other tangible things), 50 U.S.C. §§ 1861-1862

Availably Documents:

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 2006 - 0

Content of Injunction:

Monitoring

Reporting

Warrant/order for search or seizure

Issues

General:

Confidentiality

Record-keeping

Records Disclosure

Search policies

Terrorism/Post 9-11 issues