Case: [Redacted] Non-U.S. Persons

[Redacted] | Foreign Intelligence Surveillance Court

Filed Date: 2020

Clearinghouse coding complete

Case Summary

For the Civil Rights Litigation Clearinghouse collection of FISA matters, see our special collection. On September 27, 2021, the Foreign Intelligence Surveillance Court (FISC) approved applications by the U.S. government to conduct a physical search of the redacted targets (who were non-US persons) pursuant to Title III of the Foreign Intelligence Surveillance Act (FISA). The method of the search was new, though the details have been redacted. Judge Rudolph Contreras was assigned to the case. T…

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

On September 27, 2021, the Foreign Intelligence Surveillance Court (FISC) approved applications by the U.S. government to conduct a physical search of the redacted targets (who were non-US persons) pursuant to Title III of the Foreign Intelligence Surveillance Act (FISA). The method of the search was new, though the details have been redacted. Judge Rudolph Contreras was assigned to the case. The names of the targets and the docket number have been redacted.

The FISC held that this new search method counted as a physical search under FISA because it involved a search of "information, material, or property, under circumstances in which a person has a reasonable expectation of privacy." The court approved the search because Judge Contreras found probable cause that the intended targets of the proposed physical searches were agents acting for specific foreign powers. The FISC also established some limits on the search, including instructions to the FBI to destroy any data not determined to be related to the targets within 60 days.

This case is presumed closed.

Summary Authors

Venesa Haska (2/2/2024)

Documents in the Clearinghouse

Document

[Redacted]

Opinion and Supplemental Order

[Redacted]

Sept. 27, 2021

Sept. 27, 2021

Order/Opinion

Docket

Last updated Nov. 24, 2023, 3 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: 2020

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

United States government

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 III Warrant (Physical Search), 50 U.S.C. §§ 1821-1829

Constitutional Clause(s):

Unreasonable search and seizure

Freedom of speech/association

Special Case Type(s):

Warrant or subpoena application

Available Documents:

None of the above

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Warrant/Order allowing surveillance

Source of Relief:

Litigation

Content of Injunction:

Reporting

Recordkeeping

Monitoring

Warrant/order for search or seizure

Order Duration: 2021 - 2021

Issues

General/Misc.:

Confidentiality

Record-keeping

Records Disclosure

Search policies

Terrorism/Post 9-11 issues