Case: In re Motion in Opposition to Government's Imminent or Recently-Made Request to Resume Bulk Data Collection Under PATRIOT Act § 215 [Misc. 15-01]

15-00001 | Foreign Intelligence Surveillance Court

Filed Date: June 5, 2015

Closed Date: June 29, 2015

Clearinghouse coding complete

Case Summary

On June 5, 2015, FreedomWorks Foundation, a non-profit political advocacy group, filed this motion in the U.S. Foreign Intelligence Surveillance Court to oppose the government's request for the continuation of authority for the bulk collection of telephony metadata under Section 215 of the Patriot Act. This bulk collection program was previously authorized, most recently by FISC Judge James E. Boasberg in In re Application of the Federal Bureau of Investigation for an Order Requiring the Produc…

On June 5, 2015, FreedomWorks Foundation, a non-profit political advocacy group, filed this motion in the U.S. Foreign Intelligence Surveillance Court to oppose the government's request for the continuation of authority for the bulk collection of telephony metadata under Section 215 of the Patriot Act. This bulk collection program was previously authorized, most recently by FISC Judge James E. Boasberg in In re Application of the Federal Bureau of Investigation for an Order Requiring the Production of Tangible Things from [redacted], FISA Docket BR 15-24 (NS-DC-0070 in this Clearinghouse).

The movants noted that Judge Boasberg's authorization expired on June 1, 2015, and the movants thus believed the government had or would be requesting continued authority. The movants opposed any continuance of metadata collection in light of Congress's amendment of Section 215 as part of the USA FREEDOM Act of 2015 and the Second Circuit's ruling holding metadata collection beyond the scope of Section 215 in ACLU v. Clapper, 785 F.3d 787 (2d Cir. 2015) (NS-NY-0003 in this Clearinghouse). The USA FREEDOM Act prohibited the bulk production of tangible things under 50 U.S.C. § 1861, and instead established a new mechanism for targeted production of call detail records which "shall take effect . . . 180 days after the enactment" of the USA FREEDOM Act.

As the movants expected, on June 8, 2015, the government filed an application to obtain continued authorization for telephony metadata for this 180-day transition period between the expiration of authorization under FISA Docket BR 15-24 and the new procedures authorized by the USA FREEDOM Act. That application was listed under FISA Docket BR 15-75 (NS-DC-0086 in this Clearinghouse). Supplemental briefs were also filed by the government and the movants in this action (FISA Docket Misc. 15-01).

On June 29, 2015, FISC Judge Michael W. Mosman approved the government's application in FISA Docket BR 15-75 for continuation of authority to collect telephony metadata during the 180-day transition period. More information can be found under NS-DC-0086 in this Clearinghouse. Therefore the motion in this matter was denied, and the matter closed.

On March 2, 2019, Luke Murry, National Security Advisor to Republican House Minority Leader Kevin McCarthy, discussed the status of the USA FREEDOM Act surveillance during a podcast for the national security website Lawfare. Mr. Murry disclosed that the Trump administration “hasn’t actually been using it for the past six months,” and that the administration might not ask Congress to renew its legal authority, which is set to expire on December 15, 2019.

Summary Authors

John He (3/14/2016)

Lisa Limb (4/4/2019)

Related Cases

In re Application of the Federal Bureau of Investigation for an Order Requiring the Production of Tangible Things from [redacted] [BR 15-75], Foreign Intelligence Surveillance Court (2015)

People


Judge(s)

Mosman, Michael W. (Oregon)

Attorneys(s) for Plaintiff

Cuccinelli, Kenneth T. II (Virginia)

Other Attorney(s)

Active

Judge(s)

Mosman, Michael W. (Oregon)

Attorneys(s) for Plaintiff

Cuccinelli, Kenneth T. II (Virginia)

Other Attorney(s)

Smith, Paul M. (District of Columbia)

Documents in the Clearinghouse

Document

15-00001

[Docket]

In re Motion in Opposition to Government's Imminent or Recently-Made Request to Resume Bulk Data Collection Under PATRIOT Act § 215, FISA Docket Misc. 15-01

June 5, 2015

June 5, 2015

Docket

15-00001

Motion in Opposition to Government's Imminent or Recently-Made Request to Resume Bulk Data Collection Under Patrio Act §215

In re Motion in Opposition to Government's Imminent or Recently-Made Request to Resume Bulk Data Collection Under PATRIOT Act § 215, FISA Docket Misc. 15-01

June 5, 2015

June 5, 2015

Pleading / Motion / Brief

15-00001

Correspondence Re: Docket No. Misc. No. 15-01

In re Motion in Opposition to Government's Imminent or Recently-Made Request to Resume Bulk Data Collection Under PATRIOT Act § 215, FISA Docket Misc. 15-01

June 10, 2015

June 10, 2015

Correspondence

15-00001

Motion to Allow Filing of Notice of Related Docket

In re Motion in Opposition to Government's Imminent or Recently-Made Request to Resume Bulk Data Collection Under PATRIOT Act § 215, FISA Docket Misc. 15-01

June 12, 2015

June 12, 2015

Pleading / Motion / Brief

15-00001

Response to Motion in Opposition to Government's Request to Resume Bulk Data Collection Under Patriot Act Section 215

In re Motion in Opposition to Government's Imminent or Recently-Made Request to Resume Bulk Data Collection Under PATRIOT Act § 215

June 12, 2015

June 12, 2015

Pleading / Motion / Brief

15-00001

Movant's Supplemental Brief Addressing Effect of § 109 of USA Freedom Act on Bulk Acquisition of Call-Detail Records

In re Motion in Opposition to Government's Imminent or Recently-Made Request to Resume Bulk Data Collection Under PATRIOT Act § 215

June 12, 2015

June 12, 2015

Pleading / Motion / Brief

15-00001

Correspondence Re: Oral Argument in Docket No. Misc. 15-01

In re Motion in Opposition to Government's Imminent or Recently-Made Request to Resume Bulk Data Collection Under PATRIOT Act § 215, FISA Docket Misc. 15-01

June 15, 2015

June 15, 2015

Correspondence

15-00001

15-00075

Opinion and Order

In re Motion in Opposition to Government's Imminent or Recently-Made Request to Resume Bulk Data Collection Under PATRIOT Act § 215

2015 WL 5637562

June 29, 2015

June 29, 2015

Order/Opinion

Resources

Docket

Last updated May 31, 2022, 3:11 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 Act -- Telephony Metadata

Foreign Intelligence Surveillance Court

Key Dates

Filing Date: June 5, 2015

Closing Date: June 29, 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Non-profit political advocacy group

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States of America, Federal

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:

None of the above

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

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