Case: In re DNI/AG [702] Certification 2010-A

10-00002 | U.S. District Court for the Foreign Intelligence Surveillance Court

Filed Date: 2010

Closed Date: 2010

Clearinghouse coding complete

Case Summary

In this matter, the FISA Court reviewed the government's July 15, 2010 certification and amended minimization procedures under FISA § 702(i). For an overview of FISA Court review under § 702(i), see NS-DC-0072 in this Clearinghouse. The court documents in this Clearinghouse case record have not been declassified and released by the government; they are marked Secret and Top Secret. The Washington Post posted them on-line.The government submitted the 2010-A certification, covering surveillance …

In this matter, the FISA Court reviewed the government's July 15, 2010 certification and amended minimization procedures under FISA § 702(i). For an overview of FISA Court review under § 702(i), see NS-DC-0072 in this Clearinghouse. The court documents in this Clearinghouse case record have not been declassified and released by the government; they are marked Secret and Top Secret. The Washington Post posted them on-line.

The government submitted the 2010-A certification, covering surveillance of foreign governments, factions, entities, and political organizations, on July 15, 2010. In support of the certification, the government filed affidavits from the NSA Director as well as a document listing foreign governments, factions, entities, and political organizations for statutory purposes. These documents are included in the case record; earlier versions in 2008 and 2009 are not available, so they contain new information. The government also filed affidavits from the Directors of the CIA and the FBI, but those documents are not available.

The government filed minimization procedures for the NSA, CIA, and FBI, amending the minimization procedures used in their certifications from 2008 and 2009. Those amended minimization procedures are also not available.

The FISA Court (Judge John D. Bates) issued an order approving the certification and the new minimization procedures on August 19, 2010. The Court found that the certification and the procedures met the statutory requirements of FISA(50 U.S.C. § 1881a(d)-(e)) and comported with the Fourth Amendment, as required by the statute.

Summary Authors

Edward Mroczkowski (4/13/2015)

Related Cases

In re: DNI/AG Certification 2008-A, Foreign Intelligence Surveillance Court (2008)

People


Judge(s)

Bates, John D. (District of Columbia)

Walton, Reggie B. (District of Columbia)

Attorneys(s) for Plaintiff

Alexander, Keith B (District of Columbia)

Gompert, David C. (District of Columbia)

Holder, Eric H. Jr. (District of Columbia)

Judge(s)

Bates, John D. (District of Columbia)

Walton, Reggie B. (District of Columbia)

Attorneys(s) for Plaintiff

Alexander, Keith B (District of Columbia)

Gompert, David C. (District of Columbia)

Holder, Eric H. Jr. (District of Columbia)

Documents in the Clearinghouse

Document

Memorandum Opinion and Order

[Redacted]

Jan. 1, 2010 Order/Opinion

Affidavit of General Keith B. Alexander, United States Army, Director, National Security Agency

In the Matter of Foreign Governments, Foreign Factions, Foreign Entities, and Foreign-Based Political Organizations

No Court

July 15, 2010 Declaration/Affidavit

DNI/AG Certification 702(g) 2010-A

In the Matter of Foreign Governments, Foreign Factions, Foreign Entities, and Foreign-Based Political Organizations

No Court

July 16, 2010 Pleading / Motion / Brief

Exhibit F: Foreign Entity List

In the Matter of Foreign Governments, Foreign Factions, Foreign Entities, and Foreign-Based Political Organizations

No Court

July 16, 2010 Declaration/Affidavit

Order

In re DNI/AG Certification 2010-A

Aug. 19, 2010 Order/Opinion

Memorandum Opinion and Order

[Redacted]

Aug. 30, 2013 Order/Opinion

Resources

Title Description External URL

Guest Post: New Resource — Civil Rights Litigation Clearinghouse FISA Archives

Margo Schlanger

Obviously there have been load of disclosures about FISA matters over the past year—between the Snowden documents, the FOIA-driven ODNI declassifications, the FISA Court’s nifty new on-line docket, a… June 26, 2014 http://justsecurity.org/...

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 Court

Foreign Intelligence Surveillance Act—Foreign Targeting (702, 703, 704)

Key Dates

Filing Date: 2010

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

US Government

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Case Details

Causes of Action:

FISA Title VII targeting order (Sections 702, 703, 704), 50 U.S.C. 1881a, 1881b, 1881c

Availably Documents:

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Source of Relief:

Litigation

Issues

General:

Other