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

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Section 702 of FISA permits foreign intelligence surveillance targeting the communications of non-U.S. persons located abroad without needing to establish probable cause. Communications of U.S. citizens and residents are frequently collected "incidentally" if those U.S. persons are communicating with a targeted foreigner. This Clearinghouse special collection brings together litigation addressing this part of FISA.

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NATIONAL SECURITY
In re Directives to Yahoo Pursuant to Section 105B of the Foreign Intelligence Surveillance Act. [105B(g) 07-01]

07-00001 | Foreign Intelligence Surveillance Court

Filed Date: 2007

Closed Date: 2016

In 2012, leaks by Edward Snowden revealed many details about NSA surveillance programs that had been going on for many years. In the aftermath of those leaks, the government declassified many previou…

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NATIONAL SECURITY
In re Various Known and Unknown Agents of [Redacted]

Redacted | Foreign Intelligence Surveillance Court

Filed Date: 2007

Closed Date: 2007

Following 9/11, the Bush administration undertook the "Terrorist Surveillance Program," which included warrantless wiretapping of foreign communications arguably covered by Foreign Intelligence Surve…

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NATIONAL SECURITY
[Redacted caption] Gov't Ex Parte Submissions of Reauthorization Certification and Related Procedures, Amended Certifications, and Request for an Order Approving Such Certification and Amended Certifications (April 2011) (702, Bates, J.)

[Redacted] | Foreign Intelligence Surveillance Court

Filed Date: 2011

Closed Date: Sept. 25, 2012

For the Civil Rights Litigation Clearinghouse collection of FISA matters, see our special collection.The FISA Amendments Act of 2008 included a new title giving the government the authority to monito…

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NATIONAL SECURITY
In re proceedings required by 702(i) of the FISA Amendments Act of 2008 [Misc. 08-01]

08-00001 | Foreign Intelligence Surveillance Court

Filed Date: 2008

Closed Date: 2008

As explained in [Redacted]; FISA Court Authorizing Surveillance Procedures Under Protect America Act, the FISA Amendments Act of 2008 (FAA) included a new title giving the government the authority to…

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NATIONAL SECURITY
In re Various Known and Unknown Agents of [Redacted]

Redacted | Foreign Intelligence Surveillance Court

Filed Date: 2007

Closed Date: 2007

Following 9/11, the Bush administration undertook the "Terrorist Surveillance Program," which included warrantless wiretapping of foreign communications arguably covered by Foreign Intelligence Surve…

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NATIONAL SECURITY
ACLU v. U.S. Department of Justice

1:13-cv-07347 | U.S. District Court for the Southern District of New York

Filed Date: 2013

Closed Date: 2017

On October 17, 2013, the ACLU filed a lawsuit against the United States Department of Justice (DOJ) in the United States District Court for the Southern District of New York under the Freedom of Info…

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NATIONAL SECURITY
[In re DNI/AG 702(i) Certification 2008]

08-00001 | Foreign Intelligence Surveillance Court

Filed Date: 2008

The FISA Amendments Act (FAA), enacted in 2008, authorized the U.S. Government to compel providers of electronic communications services to assist the Government in acquiring foreign intelligence inf…

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NATIONAL SECURITY
[In re DNI/AG 702(i) certification 2009]

Redacted | Foreign Intelligence Surveillance Court

Filed Date: 2009

The FISA Amendments Act § 702, enacted in 2008, authorized the U.S. Government to compel providers of electronic communications services to assist the Government in acquiring foreign intelligence inf…

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NATIONAL SECURITY
In re DNI/AG [702] Certification 2010-A

10-00002 | Foreign Intelligence Surveillance Court

Filed Date: 2010

Closed Date: 2010

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 …

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NATIONAL SECURITY
[Redacted]; FISA Court Authorizing Surveillance Procedures Under Protect America Act

Redacted | Foreign Intelligence Surveillance Court

Filed Date: 2007

Closed Date: 2008

As discussed in detail in In re Various Known and Unknown Agents of [Redacted], the Protect America Act (PAA) was passed in 2007 in order to avoid compliance with the FISA Court's interpretation of t…

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NATIONAL SECURITY
[Redacted Caption] Gov't Ex Parte Submissions of Reauthorization Certification and Related Procedures, Amended Certifications, and Request for an Order Approving Such Certification and Amended Certifications (August 2014) (702, Hogan, J.)

[Redacted] | Foreign Intelligence Surveillance Court

Filed Date: 2014

Closed Date: 2014

Section 702 of the FISA Amendments Act of 2008, 50 U.S.C. §§ 1881a et seq., permits the Attorney General (AG) and the Director of National Intelligence (DNI) to conduct foreign intelligence surveilla…

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NATIONAL SECURITY
[Caption Redacted] Government's Ex Parte Submission of [Redacted] and Related Procedures and Request for an Order Approving [Redacted] and Procedures (August 2008) (702, McLaughlin, J.)

[Redacted] | Foreign Intelligence Surveillance Court

Filed Date: 2008

Closed Date: 2008

In June 2017, in response to a lawsuit filed by the Electronic Frontier Foundation, the federal government released eighteen previously classified opinions by the Foreign Intelligence Surveillance Co…

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NATIONAL SECURITY
[Caption Redacted] Government's Ex Parte Submission of [Redacted] and Related Procedures and Request for an Order Approving [Redacted] and Procedures (2009) (702, McLaughlin, J.)

[redacted] | Foreign Intelligence Surveillance Court

Filed Date: 2009

Closed Date: 2009

In June 2017, in response to a lawsuit filed by the Electronic Frontier Foundation, the federal government released eighteen previously classified opinions by the Foreign Intelligence Surveillance Co…

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NATIONAL SECURITY
[Caption Redacted] Government's Ex Parte Submission of [Redacted] and Related Procedures and Request for an Order Approving [Redacted] and Procedures (2010) (702, Bates, J.)

[redacted] | Foreign Intelligence Surveillance Court

Filed Date: 2010

Closed Date: 2010

In June 2017, in response to a  lawsuit filed by the Electronic Frontier Foundation, the federal government released eighteen previously classified opinions by the Foreign Intelligence Surveillance C…

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NATIONAL SECURITY
[Caption Redacted] Government's Ex Parte Submission of [Redacted] and Related Procedures and Request for an Order Approving [Redacted] and Procedures (July 2012) (702, Walton, J.)

[redacted] | Foreign Intelligence Surveillance Court

Filed Date: 2012

Closed Date: 2012

In June 2017, in response to a  lawsuit filed by the Electronic Frontier Foundation, the federal government released eighteen previously classified opinions by the Foreign Intelligence Surveillance C…

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NATIONAL SECURITY
[Caption Redacted] Government's Ex Parte Submission of [Redacted] and Related Procedures and Request for an Order Approving [Redacted] and Procedures (November 2013) (702, Walton, J.)

[redacted] | Foreign Intelligence Surveillance Court

Filed Date: 2013

Closed Date: 2013

In June 2017, in response to a  lawsuit filed by the Electronic Frontier Foundation, the federal government released eighteen previously classified opinions by the Foreign Intelligence Surveillance C…

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NATIONAL SECURITY
[Caption Redacted] DNI/AG 702(h) Cerifications 2018 (July 2019) (702, Cabranes, J.; Tallman, J.; Sentelle, J.)

[redacted] | Foreign Intelligence Surveillance Court

Filed Date: 2018

Closed Date: 2019

Section 702 of the FISA Amendments Act of 2008, 50 U.S.C. § 1881a, permits the Attorney General (AG) and the Director of National Intelligence (DNI) to conduct foreign intelligence surveillance targe…

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NATIONAL SECURITY
Semiannual Assessment of Compliance with Procedures and Guidelines Issued Pursuant to Section 702 of the Foreign Intelligence Surveillance Act (March 2019) (702)

Foreign Intelligence Surveillance Court

Filed Date: 2018

Section 702 of the FISA Amendments Act of 2008, 50 U.S.C. § 1881a, permits the Attorney General (AG) and the Director of National Intelligence (DNI) to conduct foreign intelligence surveillance targe…

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NATIONAL SECURITY
In re Petition to Set Aside or Modify Directive Issued to [Redacted]

[Redacted] | Foreign Intelligence Surveillance Court

Filed Date: 2022

For the Civil Rights Litigation Clearinghouse collection of FISA matters, see our special collection.  Section 702 of the FISA Amendments Act of 2008, 50 U.S.C. § 1881a, permits the Attorney General …

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NATIONAL SECURITY
In re DNI/AG 702(h) Certifications 2020-A, 2020-B, 2020-C, and Predecessor Certifications [FISC Docket 702(j)-20-01; 702(j)-20-02; 702(j)-20-03; 08-1833; BR 13-49]

20-00001 | Foreign Intelligence Surveillance Court

This entry summarizes an order that the United States Foreign Intelligence Surveillance Court (FISC) issued in multiple cases related to the Foreign Intelligence Surveillance Act (FISA). On September…

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NATIONAL SECURITY
In re DNI/AG 702(h) Certification 2023-A and Its Predecessor Certifications [FISC Docket 702(j)-23-01; 702(j)-23-02; 702(j)-23-03]

23-00001 | Foreign Intelligence Surveillance Court

Filed Date: March 13, 2023

Closed Date: April 11, 2023

Section 702 of the Foreign Intelligence Surveillance Act (FISA) Amendments Act of 2008, 50 U.S.C. § 1881a, permits the Attorney General (AG) and the Director of National Intelligence (DNI) to conduct…

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NATIONAL SECURITY
American Civil Liberties Union v. National Security Agency

1:23-cv-00907 | U.S. District Court for the Southern District of New York

Filed Date: Feb. 3, 2023

Closed Date: April 15, 2024

On February 3, 2023, the American Civil Liberties Union (ACLU), representing itself, filed this lawsuit against the Central Intelligence Agency (CIA), the Department of Justice (DOJ), the National Se…

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NATIONAL SECURITY
[Redacted Caption] Gov't Ex Parte Submission of Reauthorization Certifications and Related Procedures, Ex Parte Submission of Amended Certifications, and Request for an Order Approving Such Certifications and Amended Certifications (April 2022) (702, Contreras, J.)

[Redacted] | Foreign Intelligence Surveillance Court

Filed Date: Oct. 18, 2021

Closed Date: April 21, 2022

Section 702 of the FISA Amendments Act of 2008, 50 U.S.C. § 1881a, permits the Attorney General (AG) and the Director of National Intelligence (DNI) to conduct foreign intelligence surveillance targe…

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NATIONAL SECURITY
Project for Privacy and Surveillance Accountability, Inc. v. United States Department of Justice

1:20-cv-03657 | U.S. District Court for the District of District of Columbia

Filed Date: Dec. 14, 2020

Case Ongoing

On December 14, 2020, the Project for Privacy and Surveillance Accountability, a nonpartisan nonprofit that advocates for privacy from government surveillance, filed this lawsuit in the United States…

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NATIONAL SECURITY
[Redacted Caption] Gov't Ex Parte Submission of Reauthorization Certifications & Related Procedures, Ex Parte Submission of Amended Certifications & Request for an Order Approving Such Certifications & Amended Certifications (Nov. 2020) (702, Boasberg J.)

[Redacted] | Foreign Intelligence Surveillance Court

Filed Date: Oct. 19, 2020

Case Ongoing

Section 702 of the FISA Amendments Act of 2008, 50 U.S.C. § 1881a, permits the Attorney General (AG) and the Director of National Intelligence (DNI) to conduct foreign intelligence surveillance targe…

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NATIONAL SECURITY
In Re Accuracy Concerns Regarding FBI Matters Submitted to the FISC (December 2019) (Collyer, J.)

19-00002 | Foreign Intelligence Surveillance Court

Filed Date: Dec. 17, 2019

Case Ongoing

On December 17, 2019, FISC issued an order responding to allegations that the FBI provided false information in connection to the surveillance of U.S. citizen Carter Page, In Re Motion for Publicatio…

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NATIONAL SECURITY
[Redacted Caption] Gov't Ex Parte Submission of Reauthorization Certifications & Related Procedures, Ex Parte Submission of Amended Certifications & Request for an Order Approving Such Certifications & Amended Certifications (Dec. 2019) (702, Boasberg J.)

[Redacted] | Foreign Intelligence Surveillance Court

Filed Date: Sept. 17, 2019

Closed Date: Dec. 6, 2019

Section 702 of the FISA Amendments Act of 2008, 50 U.S.C. § 1881a, permits the Attorney General (AG) and the Director of National Intelligence (DNI) to conduct foreign intelligence surveillance targe…

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NATIONAL SECURITY
In Re Motion for Publication of Records (May 2019)

19-00001 | Foreign Intelligence Surveillance Court

Filed Date: May 22, 2019

Case Ongoing

On May 22, 2019, John Solomon and the Southeastern Legal Foundation (movants) moved for the publication of FISC records regarding: 1) any records or documents related to any investigation that an att…

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NATIONAL SECURITY
Statistical Transparency Report Regarding Use of National Security Authorities (April 2019)

N/A | Foreign Intelligence Surveillance Court

Filed Date: April 30, 2019

Closed Date: 2019

On April 30, 2019, the Office of the Director of National Intelligence (ODNI), consistent with the Foreign Intelligence Surveillance Act of 1978, as amended by U.S.C. § 1873(b), released this report …

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NATIONAL SECURITY
Xi v. Haugen

2:17-cv-02132 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: May 10, 2017

Case Ongoing

This lawsuit is a challenge to the Federal Bureau of Investigation’s allegedly unconstitutional surveillance and arrest of the plaintiff. The plaintiff filed the lawsuit on May 10, 2017 in the U.S. D…

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NATIONAL SECURITY
ACLU v. NSA

1:16-cv-08936 | U.S. District Court for the Southern District of New York

Filed Date: Nov. 17, 2016

Closed Date: Dec. 11, 2017

On November 11, 2016, the American Civil Liberties Union and its Foundation filed an action in the U.S. District Court for the Southern District of New York under the Freedom of Information Act (FOIA…

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NATIONAL SECURITY
In re Opinions and Orders of this Court Containing Novel or Significant Interpretations of Law [FISA Docket Misc. 16-01; FISCR Docket Misc. 20-02]

16-00001 | Foreign Intelligence Surveillance Court

Filed Date: Oct. 19, 2016

Case Ongoing

For the Civil Rights Litigation Clearinghouse collection of Foreign Intelligence Surveillance Act (FISA) matters, see our special collection.   On October 19, 2016, the American Civil Liberties Union…

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NATIONAL SECURITY
[Caption Redacted] Government’s Ex Parte Submission of Reauthorization Certifications and Related Procedures, Amended Certifications, and Request for an Order Approving Such Certifications (September 2016) (702, Collyer, J.)

[Redacted] | Foreign Intelligence Surveillance Court

Filed Date: Sept. 17, 2016

Closed Date: April 26, 2017

Section 702 of the FISA Amendments Act of 2008, 50 U.S.C. § 1881a et seq., permits the Attorney General (AG) and the Director of National Intelligence (DNI) to conduct foreign intelligence surveillan…

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NATIONAL SECURITY
United States v. Aws Mohammed Younis Al-Jayab

1:16-cr-00181 | U.S. District Court for the Northern District of Illinois

Filed Date: March 17, 2016

Closed Date: Oct. 31, 2019

This is the eighth time the Justice Department has notified a criminal defendant that evidence being used against him came from a FISA warrantless wiretap, a move that is expected at some point to se…

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NATIONAL SECURITY
United States v. Mohammad

3:15-cr-00358 | U.S. District Court for the Northern District of Ohio

Filed Date: Sept. 30, 2015

Closed Date: Jan. 22, 2019

On September 30, 2015, Yahya Farooq Mohammad, Ibrahim Zubair Mohammad, Asif Ahmed Salim, and Sultane Roome Salim were indicted in U.S. District Court of the Northern District of Ohio for conspiracy t…

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NATIONAL SECURITY
[Redacted Caption] Gov't Ex Parte Submissions of Reauthorization Certification and Related Procedures, Amended Certifications, and Request for an Order Approving Such Certification and Amended Certifications (November 2015) (702, Hogan, J.)

[Redacted] | Foreign Intelligence Surveillance Court

Filed Date: July 15, 2015

Closed Date: Nov. 6, 2015

Section 702 of the FISA Amendments Act of 2008, 50 U.S.C. §§ 1881a et seq., permits the Attorney General (AG) and the Director of National Intelligence (DNI) to conduct foreign intelligence surveilla…

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NATIONAL SECURITY
Wikimedia Foundation v. National Security Agency

1:15-cv-00662 | U.S. District Court for the District of Maryland

Filed Date: March 10, 2015

Case Ongoing

On March 10, 2015, a collective of organizations interested in privacy, led by the Wikimedia Foundation, filed this lawsuit in the U.S. District Court for District of Maryland. The plaintiffs sued th…

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NATIONAL SECURITY
The New York Times Company v. National Security Agency

1:15-cv-02383 | U.S. District Court for the Southern District of New York

Filed Date: Jan. 12, 2015

Closed Date: 2016

On January 12, 2015, the New York Times (“the Times”) submitted a Freedom of Information Act (“FOIA”) request to the National Security Agency (“NSA”) pursuant to the Freedom of Information Act, 5 U.S…

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NATIONAL SECURITY
Twitter v. Barr [Holder]

4:14-cv-04480 | U.S. District Court for the Northern District of California

Filed Date: Oct. 7, 2014

Case Ongoing

[Note: This case was previously known as Twitter v. Holder, then Twitter v. Lynch, then Twitter v. Sessions] On October 7, 2014, Twitter -- an online social networking service -- filed a lawsuit in t…

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NATIONAL SECURITY
United States v. Qazi

0:12-cr-60298 | U.S. District Court for the Southern District of Florida

Filed Date: Nov. 30, 2012

Case Ongoing

Two brothers, both naturalized U.S. citizens from Pakistan, were arrested while plotting to conduct a terrorist attack using a weapon of mass destruction in New York City in November 2012. They were …

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NATIONAL SECURITY
Electronic Frontier Foundation v. Department of Justice

1:12-cv-01441 | U.S. District Court for the District of District of Columbia

Filed Date: Aug. 30, 2012

Closed Date: 2015

On August 30, 2012, Plaintiff Electronic Frontier Foundation filed this lawsuit in the United States District Court for the District of Columbia. The Plaintiff sought injunctive relief against Defend…

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NATIONAL SECURITY
United States v. Muhtorov

1:12-cr-00033 | U.S. District Court for the District of Colorado

Filed Date: Jan. 19, 2012

Closed Date: Oct. 3, 2022

Introduction & Importance of this Case In early 2012, the federal government initiated criminal prosecution of Jamshid Muhtorov (January 19) and Bakhityor Jumaev (March 14) in the U.S. District Court…

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NATIONAL SECURITY
United States v. Hasbajrami

1:11-cr-00623 | U.S. District Court for the Eastern District of New York

Filed Date: Sept. 6, 2011

Case Ongoing

This case is the third time the government notified a criminal defendant that the evidence used against him was from a FISA warrantless wiretap. All the cases regarding criminal challenges to warrant…

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NATIONAL SECURITY
United States v. Mohamud

3:10-cr-00475 | U.S. District Court for the District of Oregon

Filed Date: Nov. 29, 2010

Case Ongoing

On November 19, 2013, the Department of Justice notified Mohamed Osman Mohamud, the criminal defendant in this case, that it had used evidence from a FISA warrantless wiretap in the proceedings leadi…

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NATIONAL SECURITY
ACLU v. Office of Dir. of National Intelligence

1:10-cv-04419 | U.S. District Court for the Southern District of New York

Filed Date: June 3, 2010

Closed Date: 2012

On June 3, 2010, the ACLU filed this lawsuit against the Office of the Director of National Intelligence (ODNI) requesting an injunction requiring compliance with a FOIA request submitted to the ODNI…

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NATIONAL SECURITY
Amnesty v. Clapper

1:08-cv-06259 | U.S. District Court for the Southern District of New York

Filed Date: July 10, 2008

Closed Date: 2013

On 07/10/2008, plaintiffs--a group of attorneys, journalists, and human rights, labor, legal, and media organizations represented by the American Civil Liberties Union--filed suit in United States Di…

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NATIONAL SECURITY
In re Motion for Release of Court Records

07-00001 | Foreign Intelligence Surveillance Court

Filed Date: Aug. 9, 2007

Closed Date: 2007

On August 9, 2007, the ACLU filed a motion with the Foreign Intelligence Surveillance Court (FISA Court) requesting release of the Court's records regarding the government's surveillance of foreign t…

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