Case: In re Application of the FBI for an Order Requiring the Production of Tangible Things From [Redacted], BR 10-82

10-00082 | Foreign Intelligence Surveillance Court

Filed Date: 2010

Closed Date: 2011

Clearinghouse coding complete

Case Summary

For the Civil Rights Litigation Clearinghouse collection of FISA matters, see our special collection.On March 28, 2014, the Director of National Intelligence authorized the declassification and public release of numerous orders pertaining to 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. This declassification and release…

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

On March 28, 2014, the Director of National Intelligence authorized the declassification and public release of numerous orders pertaining to 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. This declassification and release was prompted by the Electronic Frontier Foundation's Freedom of Information Act request to the U.S. Department of Justice.

This particular order is a supplemental order issued by FISC Judge John D. Bates on November 23, 2010, in response to a Federal Bureau of Investigation ("FBI") application, under Section 215 of the USA PATRIOT Act, requesting financial records pertaining to a counterterrorism investigation of a specific target. (Section 215 is the provision under which the NSA has acquired bulk telephony metadata, but this particular order appears to authorize access to financial records, apparently not in bulk but rather more directly relevant to a particular counterterrorism investigation.

The order interpreted the relationship between the Right to Financial Privacy Act ("RFPA") and Section 215 of the USA PATRIOT Act. The FISC held that the RFPA does not preclude the use of Section 215 to obtain financial records. The FISC explained that both RFPA and Section 215 allow the use of so-called "National Security Letters" to obtain financial records, without judicial review, and thus, it must be permissible to obtain these records with judicial review. To hold otherwise, the FISC noted, would create an anomaly.

The next matter authorizing collection under Section 215 is BR 11-07, NS-DC-0045 in this Clearinghouse.

Summary Authors

Michael Mirdamadi (5/9/2014)

Related Cases

In re Application of the FBI for an Order Requiring the Production of Tangible Things From [Redacted], BR 10-70, Foreign Intelligence Surveillance Court (2010)

People


Judge(s)

Bates, John D. (District of Columbia)

Judge(s)

Bates, John D. (District of Columbia)

Documents in the Clearinghouse

Document

10-00082

Supplemental Order

In re Application of the FBI for an Order Requiring the Production of Tangible Things From [Redacted]

Nov. 23, 2010

Nov. 23, 2010

Order/Opinion

Docket

Last updated Aug. 30, 2022, 3:10 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: District of Columbia

Case Type(s):

National Security

Special Collection(s):

Foreign Intelligence Surveillance Act -- All Matters

Foreign Intelligence Surveillance Court

Key Dates

Filing Date: 2010

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

U.S. Government, proceeding by an application by the FBI, on behalf of the NSA

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

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Monitoring

Recordkeeping

Reporting

Warrant/order for search or seizure

Issues

General:

Record-keeping

Records Disclosure

Search policies

Terrorism/Post 9-11 issues