Syllabus Law 641: Surveillance Law Seminar. George Mason University Law School Spring Jamil N. Jaffer

Size: px
Start display at page:

Download "Syllabus Law 641: Surveillance Law Seminar. George Mason University Law School Spring Jamil N. Jaffer"

Transcription

1 Brief Course Description: Syllabus Law 641: Surveillance Law Seminar George Mason University Law School Spring 2014 Jamil N. Jaffer This seminar course will expose students to laws and policies relating to government surveillance, from traditional criminal wiretaps to high technology surveillance conducted as part of the global war on terrorism. The course will involve a survey of the Fourth Amendment s search and seizure caselaw and the application of that body of law to government surveillance efforts. Issues discussed will include: wiretaps in drug and organized crime cases; warrantless surveillance programs in the 60s and 70s; legislative efforts to constrain surveillance; the expansion of government surveillance following the attacks of 9/11; and the implications of new surveillance technologies in an increasingly cyber- and technology-oriented world. In addition, the class will include an extensive discussion of the now-declassified bulk metadata and foreign content collections conducted by the National Security Agency, including a discussion of the legal analysis supporting these programs and the policy questions raised by them. Class Format: Seminar of students; two credits; one two-hour class per week. Active participation in class discussions is required and students are expected to be fully prepared for each class session. Grading: Substantive grades will be based on class participation (15%) and student s successful completion of a page paper on surveillance law (85%); writing grades will be based on the paper alone. Office Hours: By appointment. Faculty Contact Information: jjaffer@gmu.edu Phone:

2 Course Materials: The bulk of the course materials are cases or articles available on Westlaw or Lexis-Nexis or materials posted on TWEN. Materials posted on TWEN are indicated below. The only book required for purchase is James Bamford s THE PUZZLE PALACE: INSIDE AMERICA S MOST SECRET INTELLIGENCE ORGANIZATION. Please purchase this book as soon as possible as it will be needed for Week 5. ** Given the new declassification decisions that are regularly being made by the government regarding surveillance programs, it is highly likely that the syllabus and readings will be updated starting in week 7; therefore, please regularly check your and TWEN for updates to the syllabus and readings. ** Course Assignments: Week One Introduction to Government Surveillance Under the Fourth Amendment 1. Olmstead v. United States, 277 U.S. 438 (1928) 2. Katz v. United States, 389 U.S. 347 (1967) 3. Unclassified Report on the President s Surveillance Program, Report of the Inspectors General of DOD, DOJ, CIA, NSA, and ODNI, July 2009 (TWEN) 4. Declassified TOP SECRET/COMINT/NOFORN Letters and Report on NSA s Bulk Collection Programs for USA PATRIOT Act Reauthorization, July 2011 (TWEN) 5. Unclassified ODNI Fact Sheet on the Collection of Intelligence Pursuant to Section 702 of the Foreign Intelligence Surveillance Act, June 2013 (TWEN) Week Two Introduction to Criminal Wiretaps and Bugs 1. Goldman v. United States, 316 U.S. 129 (1942) 2. On Lee v. United States, 343 U.S. 747 (1952) 3. Silverman v. United States, 365 U.S. 505 (1961) Week Three Criminal Wiretaps and Bugs Under Title III: The Wire in Practice Part I 1. Berger v. New York, 388 U.S. 41 (1967) (only read thru 118) 2. Lee v. Florida, 392 U.S. 378 (1968) 3. Scott v. United States, 436 U.S. 128 (1978) 4. Dalia v. United States, 441 U.S. 238 (1979) Week Four Non-Content Surveillance Under Title III: Pen Registers and Tracking Devices 1. Smith v. Maryland, 442 U.S. 735 (1979) 2. United States v. Knotts, 460 U.S. 276 (1983) 3. United States v. Karo, 468 U.S. 705 (1984) 2

3 Week Five Introduction to Foreign Intelligence Surveillance 1. United States v. United States District Court (Keith), 407 U.S. 297 (1972) 2. United States v. Butenko, 494 F.2d 593 (3d Cir. 1974) (en banc) (only read thru 608) 3. United States v. Truong Dinh Hung, 629 F.2d 908 (4th Cir. 1980) (only read thru 917) Week Six The FBI and NSA in the 1960s and 1970s: COINTELPRO and SHAMROCK 1. Excerpts from S. Rep , Foreign Intelligence Surveillance Act of 1977 (TWEN) 2. Excerpts from James Bamford, THE PUZZLE PALACE, (Purchase) 3. Excerpts from James E. Baker, IN THE COMMON DEFENSE, (TWEN) Week Seven Introduction to the Foreign Intelligence Surveillance Act of Excerpts from James E. Baker, IN THE COMMON DEFENSE, (TWEN) 2. Excerpts from Dycus, et al., NATIONAL SECURITY LAW 4TH, (TWEN) 3. Declassified TOP SECRET//SI//NF Primary Order from the FISA Court for the Telephony Metadata Collection, April 2013 (TWEN) 4. NSA Fact Sheets on the Telephony Metadata (Section 215) and PRISM (Section 702) Programs, June 2013 (TWEN). Week Eight Foreign Intelligence Surveillance After FISA 1. Excerpts from James Bamford, THE PUZZLE PALACE, pp (Purchase) 2. Excerpts from James Bamford, BODY OF SECRETS, pp (focus on ) (ebook through library catalog) 3. United States v. Cavanaugh, 807 F.2d 787 (9th Cir. 1987) (Kennedy, J.) 4. United States v. Bin Laden, 126 F. Supp. 2d 264 (S.D.N.Y. 2000) Week Nine Surveillance in the Post-9/11 Era: The PATRIOT Act, NSLs, and the Legality of Modern NSA Surveillance NOTE: PROPOSED PAPER TOPICS DUE THIS WEEK 1. Congressional Research Service, USA PATRIOT Improvement and Reauthorization Act of 2005: A Legal Analysis, pp (Dec. 21, 2006) (TWEN) 2. Excerpts from U.S. Department of Justice, Office of the Inspector General, A Review of the Federal Bureau if Investigation s Use of Exigent Letters and Other Informal Requests for Telephone Records (Jan. 2010) (TWEN) 3. Bob Litt, ODNI General Counsel, Speech: Privacy, Technology and National Security: An Overview of Intelligence Collection, July 2013 (TWEN) Week Ten Post 9/11 Surveillance: Information Sharing, The Wall, and the FISA Court of Review 3

4 1. Excerpts from Report of the National Commission on Terrorist Attacks Against the United States ( The 9/11 Commission Report ), pp (2004) (TWEN) 2. Excerpts from 9/11 Commission Staff Statement No. 9 (2004) (TWEN) 3. U.S. Department of Justice, Instructions on Separation of Certain Foreign Counterintelligence and Criminal Investigations (Mar. 1995) ( Gorelick Memo ) (TWEN) 4. In re Sealed Case, 310 F.3d 717 (FISA Ct. Rev. 2002) 5. Excerpts from James E. Baker, IN THE COMMON DEFENSE, (TWEN) 6. Excerpts from the Report of the Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction ( WMD Commission Report ) (Mar. 31, 2005) (TWEN) Week Eleven Post 9/11 Surveillance: The Terrorist Surveillance Program NOTE: FINAL PAPER TOPICS DUE THIS WEEK 1. U.S. Department of Justice, Legal Authorities Supporting the Activities of the National Security Agency Described by the President (Jan. 19, 2006) ( DOJ White Paper ) (TWEN) 2. Office of the Director of National Intelligence, Remarks by General Michael Hayden at the National Press Club (Jan. 23, 2006) (TWEN) 3. U.S. Department of Justice, Prepared Remarks of Attorney General Alberto Gonzales at the Georgetown University Law Center (Jan. 24, 2006) (TWEN) 4. Excerpts from James E. Baker, IN THE COMMON DEFENSE, (TWEN) 5. U.S. Department of Justice, Letter of Attorney General Alberto Gonzales to Chairman Patrick Leahy and Senator Arlen Specter (Jan. 17, 2007) (TWEN) Week Twelve Post 9/11 Surveillance: FISA Modernization and the FISA Court of Review II 1. Excerpts from U.S. Department of Justice, Assistant Attorney General Kenneth L. Wainstein - Testimony on the Foreign Intelligence Surveillance Act before the Senate Select Committee on Intelligence (May 1, 2007) (TWEN) 2. Excerpts from U.S. Department of Justice, Assistant Attorney General Kenneth L. Wainstein - Testimony before the House Permanent Select Committee on Intelligence concerning the Foreign Intelligence Surveillance Act (Sept. 20, 2007) (TWEN) 3. Excerpts from S. Rep , Senate Select Committee on Intelligence, Report on S. 2248, Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2007 (Oct. 26, 2007) (TWEN) 4. In re: Directives [redacted] Pursuant to Section 105B of the Foreign Intelligence Surveillance Act, 551 F.3d 1004 (FISA Ct. Rev. 2008) (TWEN) Week Thirteen The New National Security Agency Classified Metadata and Foreign Content Collections Revealed 4

5 1. Letter from Sens. Ron Wyden and Mark Udall to NSA Director Gen. Keith Alexander Regarding Surveillance Programs, June 2013 (TWEN) 2. Response to Sens. Wyden and Udall from Gen. Alexander Regarding Surveillance Programs, June 2013 (TWEN) 3. Letter from 26 Senators to Director of National Intelligence Gen. Clapper Regarding Surveillance Programs, June 2013 (TWEN) 4. Response from Director of National Intelligence Gen. Clapper to 26 Senators, July 2013 (TWEN) 5

6 Week Fourteen Critiquing and Defending the Law Behind the NSA Metadata and Foreign Content Programs 1. Prepared Testimony of ACLU Foundation Deputy Director Jameel Jaffer before the Senate Judiciary Committee, July 2013 (TWEN) 2. Prepared Testimony of Center for National Security Studies Director Kate Martin before the House Judiciary Committee, July 2013 (TWEN) 3. Prepared Testimony of former DOJ OLC Assistant Attorney General Steven Bradbury before the House Judiciary Committee, July 2013 (TWEN) 4. Prepared Testimony of former NSA General Counsel Stewart Baker before the Senate Judiciary Committee, July 2013 (TWEN) 6

Syllabus Law : Surveillance Law Seminar. George Mason University Law School Fall 2015 Arlington Hall, Hazel Hall. Professor Jake Phillips

Syllabus Law : Surveillance Law Seminar. George Mason University Law School Fall 2015 Arlington Hall, Hazel Hall. Professor Jake Phillips Brief Course Description: Syllabus Law 641-001: Surveillance Law Seminar George Mason University Law School Fall 2015 Arlington Hall, Hazel Hall Professor Jake Phillips This seminar course will expose

More information

BILLS PENDING AS OF 9/11/13 THAT RELATE TO NSA SURVEILLANCE

BILLS PENDING AS OF 9/11/13 THAT RELATE TO NSA SURVEILLANCE BILLS PENDING AS OF 9/11/13 THAT RELATE TO NSA SURVEILLANCE September 12, 2013 Members of Congress have introduced a series of bills to amend the Foreign Intelligence Surveillance Act in response to disclosure

More information

Reauthorization of the FISA Amendments Act

Reauthorization of the FISA Amendments Act Edward C. Liu Legislative Attorney September 12, 2012 CRS Report for Congress Prepared for Members and Committees of Congress Congressional Research Service 7-5700 www.crs.gov R42725 Summary Reauthorizations

More information

On the Bulk Collection of Tangible Things

On the Bulk Collection of Tangible Things On the Bulk Collection of Tangible Things David S. Kris* Beginning in June 2013, in response to a series of unauthorized disclosures of classified information, the government confirmed and revealed information

More information

Reauthorization of the FISA Amendments Act

Reauthorization of the FISA Amendments Act Edward C. Liu Legislative Attorney April 8, 2013 CRS Report for Congress Prepared for Members and Committees of Congress Congressional Research Service 7-5700 www.crs.gov R42725 Summary On December 30,

More information

Privacy and Civil Liberties Oversight Board Public Hearing on Section 702 of the FISA Amendments Act March 19, 2014

Privacy and Civil Liberties Oversight Board Public Hearing on Section 702 of the FISA Amendments Act March 19, 2014 Privacy and Civil Liberties Oversight Board Public Hearing on Section 702 of the FISA Amendments Act March 19, 2014 Submission of Jameel Jaffer * Deputy Legal Director American Civil Liberties Union Foundation

More information

January 14, Dear Chairman Graham and Ranking Member Feinstein:

January 14, Dear Chairman Graham and Ranking Member Feinstein: January 14, 2019 The Honorable Lindsey Graham, Chairman The Honorable Dianne Feinstein, Ranking Member U.S. Senate Committee on the Judiciary Dirksen Senate Office Building 224 Washington, DC 20510 Dear

More information

Excerpt from Vol. 4, Issue 1 (Fall/Winter 2015)

Excerpt from Vol. 4, Issue 1 (Fall/Winter 2015) Excerpt from Vol. 4, Issue 1 (Fall/Winter 2015) Cite as: Patrick Walsh, Planning for Change: Building a Framework to Predict Future Changes to the Foreign Intelligence Surveillance Act, 4 NAT L SEC. L.J.

More information

JOINT STATEMENT FOR THE RECORD OF JAMES R. CLAPPER DIRECTOR OF NATIONAL INTELLIGENCE

JOINT STATEMENT FOR THE RECORD OF JAMES R. CLAPPER DIRECTOR OF NATIONAL INTELLIGENCE JOINT STATEMENT FOR THE RECORD OF JAMES R. CLAPPER DIRECTOR OF NATIONAL INTELLIGENCE GENERAL KEITH B. ALEXANDER DIRECTOR NATIONAL SECURITY AGENCY CHIEF CENTRAL SECURITY AGENCY JAMES M. COLE DEPUTY ATTORNEY

More information

Confrontation or Collaboration?

Confrontation or Collaboration? Confrontation or Collaboration? Congress and the Intelligence Community Electronic Surveillance and FISA Eric Rosenbach and Aki J. Peritz Electronic Surveillance and FISA Electronic surveillance is one

More information

Surveillance of Foreigners Outside the United States Under Section 702 of the Foreign Intelligence Surveillance Act (FISA)

Surveillance of Foreigners Outside the United States Under Section 702 of the Foreign Intelligence Surveillance Act (FISA) Surveillance of Foreigners Outside the United States Under Section 702 of the Foreign Intelligence Surveillance Act (FISA) Edward C. Liu Legislative Attorney April 13, 2016 Congressional Research Service

More information

PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD. Recommendations Assessment Report

PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD. Recommendations Assessment Report PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD Recommendations Assessment Report JANUARY 29, 2015 Privacy and Civil Liberties Oversight Board David Medine, Chairman Rachel Brand Elisebeth Collins Cook James

More information

Overview of Constitutional Challenges to NSA Collection Activities and Recent Developments

Overview of Constitutional Challenges to NSA Collection Activities and Recent Developments Cornell University ILR School DigitalCommons@ILR Federal Publications Key Workplace Documents 4-1-2014 Overview of Constitutional Challenges to NSA Collection Activities and Recent Developments Edward

More information

Statement for the Record. House Judiciary Subcommittee on Crime, Terrorism and Homeland Security. Hearing on Reauthorizing the Patriot Act

Statement for the Record. House Judiciary Subcommittee on Crime, Terrorism and Homeland Security. Hearing on Reauthorizing the Patriot Act Statement for the Record House Judiciary Subcommittee on Crime, Terrorism and Homeland Security Hearing on Reauthorizing the Patriot Act Statement for the Record Robert S. Litt General Counsel Office of

More information

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK AMERICAN CIVIL LIBERTIES UNION; AMERICAN CIVIL LIBERTIES UNION FOUNDATION; NEW YORK CIVIL LIBERTIES UNION; and NEW YORK CIVIL LIBERTIES UNION

More information

ARTICLE. FISA s Significant Purpose Requirement and the Government s Ability to Protect National Security

ARTICLE. FISA s Significant Purpose Requirement and the Government s Ability to Protect National Security Volume 1 May 30, 2010 ARTICLE FISA s Significant Purpose Requirement and the Government s Ability to Protect National Security Scott J. Glick * Abstract In 2006, Congress enacted two potentially significant

More information

Class #10: The Extraterritorial Fourth Amendment. Professor Emily Berman Thursday, September 25, 2014

Class #10: The Extraterritorial Fourth Amendment. Professor Emily Berman Thursday, September 25, 2014 Class #10: The Extraterritorial Fourth Amendment Professor Emily Berman Thursday, September 25, 2014 Thursday, September 25, 2014 Wrap Up Third Party Doctrine Discussion Smith v. Maryland Section 215 The

More information

The story of John Ashcroft and James Comey s hospital-bed heroics has by now been

The story of John Ashcroft and James Comey s hospital-bed heroics has by now been Issue #35, Winter 2015 Infiltrate the NSA To re-establish the balance between security and civil liberties, we don t just need more laws. We need more civil libertarians in the security state. Margo Schlanger

More information

NSA Metadata Collection and the Fourth Amendment

NSA Metadata Collection and the Fourth Amendment Berkeley Technology Law Journal Volume 29 Issue 4 Annual Review 2014 Article 19 8-1-2014 NSA Metadata Collection and the Fourth Amendment Joseph D. Mornin Follow this and additional works at: http://scholarship.law.berkeley.edu/btlj

More information

No IN THE. IN RE ELECTRONIC PRIVACY INFORMATION CENTER, Petitioner REPLY TO BRIEF OF THE UNITED STATES IN OPPOSITION

No IN THE. IN RE ELECTRONIC PRIVACY INFORMATION CENTER, Petitioner REPLY TO BRIEF OF THE UNITED STATES IN OPPOSITION No. 13-58 IN THE IN RE ELECTRONIC PRIVACY INFORMATION CENTER, Petitioner On Petition for a Writ of Mandamus and Prohibition, or a Writ of Certiorari, to the Foreign Intelligence Surveillance Court REPLY

More information

NSI Law and Policy Paper. Reauthorization of the FISA Amendments Act

NSI Law and Policy Paper. Reauthorization of the FISA Amendments Act NSI Law and Policy Paper Reauthorization of the FISA Amendments Act Preserving a Critical National Security Tool While Protecting the Privacy and Civil Liberties of Americans Darren M. Dick & Jamil N.

More information

Overview of Constitutional Challenges to NSA Collection Activities

Overview of Constitutional Challenges to NSA Collection Activities Overview of Constitutional Challenges to NSA Collection Activities Edward C. Liu Legislative Attorney Andrew Nolan Legislative Attorney Richard M. Thompson II Legislative Attorney May 21, 2015 Congressional

More information

Deutscher Bundestag. 1st Committee of Inquiry. in the 18th electoral term. Hearing of Experts. Surveillance Reform After Snowden.

Deutscher Bundestag. 1st Committee of Inquiry. in the 18th electoral term. Hearing of Experts. Surveillance Reform After Snowden. Deutscher Bundestag 1st Committee of Inquiry in the 18th electoral term Hearing of Experts Surveillance Reform After Snowden September 8, 2016 Written Statement of Timothy H. Edgar Senior Fellow Watson

More information

CRS Report for Congress

CRS Report for Congress Order Code RS21441 Updated July 6, 2005 CRS Report for Congress Received through the CRS Web Summary Libraries and the USA PATRIOT Act Charles Doyle Senior Specialist American Law Division The USA PATRIOT

More information

Government Collection of Private Information: Background and Issues Related to the USA PATRIOT Act Reauthorization

Government Collection of Private Information: Background and Issues Related to the USA PATRIOT Act Reauthorization Government Collection of Private Information: Background and Issues Related to the USA PATRIOT Act Reauthorization Edward C. Liu Legislative Attorney Charles Doyle Senior Specialist in American Public

More information

August 23, BY U.S. MAIL AND Freedom of Information Act Request Request for Expedited Processing

August 23, BY U.S. MAIL AND  Freedom of Information Act Request Request for Expedited Processing August 23, 2012 Arnetta Mallory - FOIA Initiatives Coordinator Patricia Matthews - FOIA Public Liaison National Security Division U.S. Department of Justice 950 Pennsylvania Avenue, N.W. Room 6150 Washington,

More information

Report on the Findings by the EU Co-chairs of the. ad hoc EU-US Working Group on Data Protection. 27 November 2013

Report on the Findings by the EU Co-chairs of the. ad hoc EU-US Working Group on Data Protection. 27 November 2013 Report on the Findings by the EU Co-chairs of the ad hoc EU-US Working Group on Data Protection 27 November 2013 Report on the Findings of the EU Co-Chairs of the Ad Hoc EU-US Working Group on Data Protection

More information

Presidents Bush, Obama and the Surveillance of Americans

Presidents Bush, Obama and the Surveillance of Americans Published in In The Quest for Leadership: Essays in Honor of Thomas E. Cronin. Michael Genovese, ed. (Amherst, NY: Cambria Press, 2015), pp. 131-148. Presidents Bush, Obama and the Surveillance of Americans

More information

The National Security Agency s Warrantless Wiretaps

The National Security Agency s Warrantless Wiretaps The National Security Agency s Warrantless Wiretaps In 2005, the press revealed that President George W. Bush had authorized government wiretaps without a court warrant of U.S. citizens suspected of terrorist

More information

\\jciprod01\productn\e\elo\2-2\elo203.txt unknown Seq: 1 16-MAR-11 10:49 STUDENT NOTES

\\jciprod01\productn\e\elo\2-2\elo203.txt unknown Seq: 1 16-MAR-11 10:49 STUDENT NOTES \\jciprod01\productn\e\elo\2-2\elo203.txt unknown Seq: 1 16-MAR-11 10:49 STUDENT NOTES LET S CALL A DUCK A DUCK: THE FOREIGN INTELLIGENCE EXCEPTION FROM IN RE DIRECTIVES SHOULD BE RESTRICTED TO COMBATING

More information

PATRIOT ACT HEARING Senate Committee on the Judiciary Non-Patriot Act Issues

PATRIOT ACT HEARING Senate Committee on the Judiciary Non-Patriot Act Issues ) PATRIOT ACT HEARING Senate Committee on the Judiciary Non-Patriot Act Issues April 5, 2005 A. OFFICE OF THE CHIEF INFORMATIONOFFICER B. INSPECTION DIVISION/OPR OTHER outside the scope of request C. CRIMINAL

More information

Government Collection of Private Information: Background and Issues Related to the USA PATRIOT Act Reauthorization in Brief

Government Collection of Private Information: Background and Issues Related to the USA PATRIOT Act Reauthorization in Brief Government Collection of Private Information: Background and Issues Related to the USA PATRIOT Act Reauthorization in Brief Edward C. Liu Legislative Attorney Charles Doyle Senior Specialist in American

More information

TOP SECRET!/COMOO'//NO.i'ORN

TOP SECRET!/COMOO'//NO.i'ORN TOPSECRRTh~O~~~OFORN. """ Office of the Assistant Attorney General U.S. Department of Justice Office of Legislative Affairs Wa:hingtcm. D.C. 205JO February 2, 2011 The Honorable Dianne Feinstein Chairman

More information

United States District Court

United States District Court Case:0-cv-0-JSW Document Filed0// Page of CAROLYN JEWEL, ET AL., IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Plaintiffs, No. C 0-0 JSW v. NATIONAL SECURITY AGENCY, ET AL.,

More information

The Foreign Intelligence Surveillance Act: A Brief Overview of Selected Issues

The Foreign Intelligence Surveillance Act: A Brief Overview of Selected Issues Order Code RL34279 The Foreign Intelligence Surveillance Act: A Brief Overview of Selected Issues Updated December 14, 2007 Elizabeth B. Bazan Legislative Attorney American Law Division Report Documentation

More information

Foreign Intelligence Surveillance Act

Foreign Intelligence Surveillance Act Legal Digest Foreign Intelligence Surveillance Act Before and After the USA PATRIOT Act By MICHAEL J. BULZOMI, J.D. George Godoy he terrorist attacks of September 11, 2001, left an indelible mark upon

More information

CRS Report for Congress

CRS Report for Congress Order Code RS22406 March 21, 2006 CRS Report for Congress Received through the CRS Web National Security Letters in Foreign Intelligence Investigations: A Glimpse of the Legal Background and Recent Amendments

More information

Notes on how to read the chart:

Notes on how to read the chart: To better understand how the USA FREEDOM Act amends the Foreign Intelligence Surveillance Act of 1978 (FISA), the Westin Center created a redlined version of the FISA reflecting the FREEDOM Act s changes.

More information

Report on the findings by the EU Co-chairs of the ad hoc EU-US Working Group on Data Protection

Report on the findings by the EU Co-chairs of the ad hoc EU-US Working Group on Data Protection COUNCIL OF THE EUROPEAN UNION Brussels, 27 November 2013 16987/13 JAI 1078 USA 61 DATAPROTECT 184 COTER 151 ENFOPOL 394 NOTE from: to: Subject: Presidency and Commission Services COREPER Report on the

More information

A Legal Analysis of the NSA Warrantless Surveillance Program. Morton H. Halperin and Jerry Berman 1. January 31, 2006

A Legal Analysis of the NSA Warrantless Surveillance Program. Morton H. Halperin and Jerry Berman 1. January 31, 2006 A Legal Analysis of the NSA Warrantless Surveillance Program Morton H. Halperin and Jerry Berman 1 January 31, 2006 The warrantless NSA surveillance program is an illegal and unnecessary intrusion into

More information

Dear Members of the Judiciary Committee:

Dear Members of the Judiciary Committee: WASHINGTON LEGISLATIVE OFFICE April 29, 2015 Dear Members of the Judiciary Committee: AMERICAN CIVIL LIBERTIES UNION WASHINGTON LEGISLATIVE OFFICE 915 15th STREET, NW, 6 TH FL WASHINGTON, DC 20005 T/202.544.1681

More information

THE USA PATRIOT ACT AND CANADA S ANTI-TERRORISM ACT: KEY DIFFERENCES IN LEGISLATIVE APPROACH

THE USA PATRIOT ACT AND CANADA S ANTI-TERRORISM ACT: KEY DIFFERENCES IN LEGISLATIVE APPROACH PRB 05-83E THE USA PATRIOT ACT AND CANADA S ANTI-TERRORISM ACT: KEY DIFFERENCES IN LEGISLATIVE APPROACH Jennifer Wispinski Law and Government Division 31 March 2006 PARLIAMENTARY INFORMATION AND RESEARCH

More information

National Security Letters in Foreign Intelligence Investigations: A Glimpse at the Legal Background

National Security Letters in Foreign Intelligence Investigations: A Glimpse at the Legal Background National Security Letters in Foreign Intelligence Investigations: A Glimpse at the Legal Background Charles Doyle Senior Specialist in American Public Law July 31, 2015 Congressional Research Service 7-5700

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ELECTRONIC FRONTIER FOUNDATION 1818 N Street, N.W. Suite 410 Washington, DC 20036, Plaintiff, v. C. A. No. DEPARTMENT OF JUSTICE 950 Pennsylvania

More information

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA MEMORANDUM OPINION

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA MEMORANDUM OPINION UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA THE NEW YORK TIMES COMPANY, et al., Plaintiffs, v. Case No. 17-cv-00087 (CRC) U.S. DEPARTMENT OF JUSTICE, Defendant. MEMORANDUM OPINION New York

More information

Public Workshop July 9, 2013

Public Workshop July 9, 2013 1 PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD Workshop Regarding Surveillance Programs Operated Pursuant to Section 215 of the USA PATRIOT Act and Section 702 of the Foreign Intelligence Surveillance Act

More information

Issue Area Current Law S as reported by Senate Judiciary Comm. H.R as reported by House Judiciary Comm.

Issue Area Current Law S as reported by Senate Judiciary Comm. H.R as reported by House Judiciary Comm. Chart comparing current law, S. 1692 (PATRIOT Act Sunset Extension Act) as reported by Senate Judiciary Committee, and H.R. 3845 (USA Patriot Amendments Act of 2009) as reported by the House Judiciary

More information

PRIVACY, TECHNOLOGY AND NATIONAL SECURITY: An Overview of Intelligence Collection by Robert S. Litt, ODNI General Counsel

PRIVACY, TECHNOLOGY AND NATIONAL SECURITY: An Overview of Intelligence Collection by Robert S. Litt, ODNI General Counsel PRIVACY, TECHNOLOGY AND NATIONAL SECURITY: An Overview of Intelligence Collection Robert S. Litt, ODNI General Counsel Remarks as Prepared for Delivery Brookings Institution, Washington, DC July 19, 2013

More information

Case 1:18-cv Document 1 Filed 09/17/18 Page 1 of 21 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 1:18-cv Document 1 Filed 09/17/18 Page 1 of 21 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Case 1:18-cv-02150 Document 1 Filed 09/17/18 Page 1 of 21 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ELECTRONIC PRIVACY INFORMATION CENTER 1718 Connecticut Avenue, N.W., Suite 200

More information

Case 3:07-cv VRW Document 35 Filed 07/29/2008 Page 1 of 17

Case 3:07-cv VRW Document 35 Filed 07/29/2008 Page 1 of 17 Case :0-cv-000-VRW Document Filed 0//0 Page of 0 Jon B. Eisenberg, California Bar No. (jon@eandhlaw.com William N. Hancock, California Bar No. 00 (bill@eandhlaw.com Eisenberg & Hancock LLP 0 Broadway,

More information

Written Testimony of Marc J. Zwillinger. Founder. ZwillGen PLLC. United States Senate Committee on the Judiciary. Hearing on

Written Testimony of Marc J. Zwillinger. Founder. ZwillGen PLLC. United States Senate Committee on the Judiciary. Hearing on Written Testimony of Marc J. Zwillinger Founder ZwillGen PLLC United States Senate Committee on the Judiciary Hearing on Strengthening Privacy Rights and National Security: Oversight of FISA Surveillance

More information

I. THE COMMITTEE S INVESTIGATION

I. THE COMMITTEE S INVESTIGATION R E P O R T OF THE COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM U.S. HOUSE OF REPRESENTATIVES REGARDING PRESIDENT BUSH S ASSERTION OF EXECUTIVE PRIVILEGE IN RESPONSE TO THE COMMITTEE SUBPOENA TO ATTORNEY

More information

CRS Report for Congress

CRS Report for Congress Order Code RS21704 Updated June 29, 2005 CRS Report for Congress Received through the CRS Web Summary USA PATRIOT Act Sunset: A Sketch Charles Doyle Senior Specialist American Law Division Several sections

More information

Strike all after the enacting clause and insert the

Strike all after the enacting clause and insert the F:\PKB\JD\FISA0\H-FLR-ANS_00.XML AMENDMENT IN THE NATURE OF A SUBSTITUTE TO H.R., AS REPORTED BY THE COM- MITTEE ON THE JUDICIARY AND THE PERMA- NENT SELECT COMMITTEE ON INTELLIGENCE OFFERED BY MR. SENSENBRENNER

More information

BEFORE THE U.S. SENATE JUDICIARY COMMITTEE SUBCOMMITTEE ON THE CONSTITUTION

BEFORE THE U.S. SENATE JUDICIARY COMMITTEE SUBCOMMITTEE ON THE CONSTITUTION STATEMENT OF PROFESSOR PETER P. SWIRE C. WILLIAM O NEILL PROFESSOR OF LAW MORITZ COLLEGE OF LAW, THE OHIO STATE UNIVERSITY SENIOR FELLOW, CENTER FOR AMERICAN PROGRESS BEFORE THE U.S. SENATE JUDICIARY COMMITTEE

More information

February 8, The Honorable Jerrold Nadler Chairman U.S. House Committee on the Judiciary 2141 Rayburn House Office Building Washington, DC 20515

February 8, The Honorable Jerrold Nadler Chairman U.S. House Committee on the Judiciary 2141 Rayburn House Office Building Washington, DC 20515 February 8, 2019 The Honorable Jerrold Nadler Chairman U.S. House Committee on the Judiciary 2141 Rayburn House Office Building Washington, DC 20515 The Honorable Doug Collins Ranking Member U.S. House

More information

The Foreign Intelligence Surveillance Act: A Sketch of Selected Issues

The Foreign Intelligence Surveillance Act: A Sketch of Selected Issues Order Code RL34566 The Foreign Intelligence Surveillance Act: A Sketch of Selected Issues July 7, 2008 Elizabeth B. Bazan Legislative Attorney American Law Division The Foreign Intelligence Surveillance

More information

WHAT REALLY IS AT STAKE WITH THE FISA AMENDMENTS ACT OF 2008 AND IDEAS FOR FUTURE SURVEILLANCE REFORM

WHAT REALLY IS AT STAKE WITH THE FISA AMENDMENTS ACT OF 2008 AND IDEAS FOR FUTURE SURVEILLANCE REFORM WHAT REALLY IS AT STAKE WITH THE FISA AMENDMENTS ACT OF 2008 AND IDEAS FOR FUTURE SURVEILLANCE REFORM STEPHANIE COOPER BLUM 1 ABSTRACT The need to reconcile domestic intelligence requirements with the

More information

ADMINISTRATION WHITE PAPER BULK COLLECTION OF TELEPHONY METADATA UNDER SECTION 215 OF THE USA PATRIOT ACT

ADMINISTRATION WHITE PAPER BULK COLLECTION OF TELEPHONY METADATA UNDER SECTION 215 OF THE USA PATRIOT ACT ADMINISTRATION WHITE PAPER BULK COLLECTION OF TELEPHONY METADATA UNDER SECTION 215 OF THE USA PATRIOT ACT August 9, 2013 BULK COLLECTION OF TELEPHONY METADATA UNDER SECTION 215 OF THE USA PATRIOT ACT This

More information

Emerging Technology and the Fourth Amendment

Emerging Technology and the Fourth Amendment Saber and Scroll Volume 1 Issue 1 Spring 2012 (Edited and Revised April 2015) Article 10 March 2012 Emerging Technology and the Fourth Amendment Kathleen Mitchell Reitmayer American Public University System

More information

DRAFT [8-4-15] TUFTS UNIVERSITY EXPERIMENTAL COLLEGE FALL 2015

DRAFT [8-4-15] TUFTS UNIVERSITY EXPERIMENTAL COLLEGE FALL 2015 DRAFT [8-4-15] TUFTS UNIVERSITY EXPERIMENTAL COLLEGE FALL 2015 COURSE: EXP-0070-F The Law of Search and Seizure in the Digital Age: Applying the Fourth Amendment to Current Technology Tuesday 6:00-8:30PM

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT USCA Case #14-5004 Document #1562709 Filed: 07/15/2015 Page 1 of 5 IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Larry Elliott Klayman, et al., Appellees-Cross-Appellants,

More information

FISA AND WARRANTLESS WIRE-TAPPING: DOES FISA CONFORM TO FOURTH AMENDMENT STANDARDS? Aric Meyer, B.S. Thesis Prepared for the Degree of

FISA AND WARRANTLESS WIRE-TAPPING: DOES FISA CONFORM TO FOURTH AMENDMENT STANDARDS? Aric Meyer, B.S. Thesis Prepared for the Degree of FISA AND WARRANTLESS WIRE-TAPPING: DOES FISA CONFORM TO FOURTH AMENDMENT STANDARDS? Aric Meyer, B.S. Thesis Prepared for the Degree of MASTER OF SCIENCE UNIVERSITY OF NORTH TEXAS May 2009 APPROVED: Peggy

More information

CASE COMMENT ELECTRONIC SURVEILLANCE: NATIONAL SECURITY AND THE PRESERVATION OF THE RIGHTS GUARANTEED BY THE FOURTH AMENDMENT

CASE COMMENT ELECTRONIC SURVEILLANCE: NATIONAL SECURITY AND THE PRESERVATION OF THE RIGHTS GUARANTEED BY THE FOURTH AMENDMENT CASE COMMENT ELECTRONIC SURVEILLANCE: NATIONAL SECURITY AND THE PRESERVATION OF THE RIGHTS GUARANTEED BY THE FOURTH AMENDMENT Jewel v. Nat l Sec. Agency, 2015 WL 545925 (N.D. Cal. 2015) Valentín I. Arenas

More information

A SECOND-ORDER THEORY OF COMMUNICATIONS SURVEILLANCE LAW

A SECOND-ORDER THEORY OF COMMUNICATIONS SURVEILLANCE LAW A SECOND-ORDER THEORY OF COMMUNICATIONS SURVEILLANCE LAW Patricia L. Bellia * Communications surveillance law is largely statutory. That fact might seem puzzling, for we would expect the Supreme Court

More information

TOP SECRET//COMINTHNOFORN

TOP SECRET//COMINTHNOFORN All withheld information exempt under (b)(1) and (b)(3) except as otherwise noted. Approved for Public Release TOP SECRET//COMINTHNOFORN UNITED STATES FOREIGN INTELLIGENCE SURVEILLANCE COURT WASHINGTON,

More information

CRS Report for Congress

CRS Report for Congress Order Code RS22384 Updated February 21, 2006 CRS Report for Congress Received through the CRS Web USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006 (S. 2271) Summary Brian T. Yeh Legislative

More information

Unconstitutional or Bad Idea?

Unconstitutional or Bad Idea? www.rbs0.com/fisa.pdf 30 Sep 2007 Page 1 of 55 Foreign Intelligence Surveillance Act: Unconstitutional or Bad Idea? Copyright 2007 by Ronald B. Standler no claim of copyright for text quoted from works

More information

Opening Statement Mr. Mike Rogers [view PDF] Chairman, House Permanent Select Committee on Intelligence Mr. C. A. Dutch Ruppersberger [view PDF]

Opening Statement Mr. Mike Rogers [view PDF] Chairman, House Permanent Select Committee on Intelligence Mr. C. A. Dutch Ruppersberger [view PDF] OCTOBER 29, 2013 POTENTIAL CHANGES TO THE FOREIGN INTELLIGENCE SURVEILLANCE ACT (FISA) U.S. HOUSE OF REPRESENTATIVES PERMANENT SELECT COMMITTEE ON INTELLIGENCE ONE HUNDRED THIRTEENTH CONGRESS, FIRST SESSION

More information

" HOUSE OF REPRESENTATIVES! UNITING AND STRENGTHENING AMERICA BY FULFILLING RIGHTS AND ENSURING EFFECTIVE DISCIPLINE OVER MONITORING ACT OF 2015

 HOUSE OF REPRESENTATIVES! UNITING AND STRENGTHENING AMERICA BY FULFILLING RIGHTS AND ENSURING EFFECTIVE DISCIPLINE OVER MONITORING ACT OF 2015 114TH CONGRESS REPT. 114 109 " HOUSE OF REPRESENTATIVES! 1st Session Part 1 UNITING AND STRENGTHENING AMERICA BY FULFILLING RIGHTS AND ENSURING EFFECTIVE DISCIPLINE OVER MONITORING ACT OF 2015 MAY 8, 2015.

More information

CRS Report for Congress

CRS Report for Congress CRS Report for Congress Received through the CRS Web Order Code RS22011 December 29, 2004 Intelligence Reform and Terrorism Prevention Act of 2004: Lone Wolf Amendment to the Foreign Intelligence Surveillance

More information

STATEMENT STEVEN G. BRADBURY ACTING ASSISTANT ATTORNEY GENERAL OFFICE OF LEGAL COUNSEL DEPARTMENT OF JUSTICE

STATEMENT STEVEN G. BRADBURY ACTING ASSISTANT ATTORNEY GENERAL OFFICE OF LEGAL COUNSEL DEPARTMENT OF JUSTICE STATEMENT OF STEVEN G. BRADBURY ACTING ASSISTANT ATTORNEY GENERAL OFFICE OF LEGAL COUNSEL DEPARTMENT OF JUSTICE BEFORE THE SUBCOMMITTEE ON CRIME, TERRORISM, AND HOMELAND SECURITY COMMITTEE ON THE JUDICIARY

More information

TITLE III WIRETAPS. WHO S LISTENING?

TITLE III WIRETAPS. WHO S LISTENING? TITLE III WIRETAPS. WHO S LISTENING? Between the years 2002 and 2012, State and Federal Judges across the United States received 23,925 applications for wiretaps. All but 7 were granted. 1 In 2012, there

More information

The Relevance of Relevance: Section 215 of the USA PATRIOT Act and the NSA Metadata Collection Program

The Relevance of Relevance: Section 215 of the USA PATRIOT Act and the NSA Metadata Collection Program Fordham Law Review Volume 82 Issue 5 Article 15 2014 The Relevance of Relevance: Section 215 of the USA PATRIOT Act and the NSA Metadata Collection Program Casey J. McGowan Fordham University School of

More information

Recent Privacy Developments in the United States, Particularly with Respect to Travelers Using Air Transport

Recent Privacy Developments in the United States, Particularly with Respect to Travelers Using Air Transport Recent Privacy Developments in the United States, Particularly with Respect to Travelers Using Air Transport Marc Rotenberg President, Electronic Privacy Information Center (EPIC) Adjunct Professor, Georgetown

More information

National Security Letters in Foreign Intelligence Investigations: A Glimpse of the Legal Background and Recent Amendments

National Security Letters in Foreign Intelligence Investigations: A Glimpse of the Legal Background and Recent Amendments National Security Letters in Foreign Intelligence Investigations: A Glimpse of the Legal Background and Recent Amendments Charles Doyle Senior Specialist in American Public Law December 27, 2010 Congressional

More information

The administration defended the surveillance program, saying that it is lawful and is a critical tool to protect national security.

The administration defended the surveillance program, saying that it is lawful and is a critical tool to protect national security. Government Surveillance of Citizens Raises Civil Liberty Concerns Two revelations about government programs designed to sift through the public s phone calls and social media interaction have raised questions

More information

UNITED STATES DISTRICT COURT DISTRICT OF OREGON

UNITED STATES DISTRICT COURT DISTRICT OF OREGON ANDREA R. MEYER OSB No. 93365 ACLU of Oregon Foundation PO Box 40585 Portland, OR 97240 (503) 227-6928 (ph) (503) 227-6948 (fax) ANN BEESON JAMEEL JAFFER American Civil Liberties Union Foundation 125 Broad

More information

Statement of James X. Dempsey Policy Director Center for Democracy & Technology * before the Senate Committee on the Judiciary

Statement of James X. Dempsey Policy Director Center for Democracy & Technology * before the Senate Committee on the Judiciary Statement of James X. Dempsey Policy Director Center for Democracy & Technology * before the Senate Committee on the Judiciary Strengthening FISA: Does the Protect America Act Protect Americans Civil Liberties

More information

Case 1:17-cv Document 1 Filed 11/29/17 Page 1 of 9 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Case 1:17-cv Document 1 Filed 11/29/17 Page 1 of 9 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Case 1:17-cv-09343 Document 1 Filed 11/29/17 Page 1 of 9 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK FREEDOM OF THE PRESS FOUNDATION and KNIGHT FIRST AMENDMENT INSTITUTE AT COLUMBIA UNIVERSITY,

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO Case 2:13-cv-00257-BLW Document 27 Filed 06/03/14 Page 1 of 8 ANNA J. SMITH IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO Plaintiff, Case No. 2:13-CV-257-BLW v. MEMORANDUM DECISION BARACK

More information

tinitrd~tat s~fnatf WASHINGTON, DC 20510

tinitrd~tat s~fnatf WASHINGTON, DC 20510 tinitrd~tat s~fnatf WASHINGTON, DC 20510 December 14, 2005 Dear Colleague, Prior to the Thanksgiving recess, several Senators expressed strong opposition to the draft Patriot Act reauthorization conference

More information

IN THE SENATE OF THE UNITED STATES 111th Cong., 1st Sess. S. 1692

IN THE SENATE OF THE UNITED STATES 111th Cong., 1st Sess. S. 1692 AMENDMENT NO.llll Purpose: In the nature of a substitute. Calendar No.lll IN THE SENATE OF THE UNITED STATES th Cong., st Sess. S. To extend the sunset of certain provisions of the USA PA- TRIOT Act and

More information

CRS Report for Congress

CRS Report for Congress Order Code RL32907 CRS Report for Congress Received through the CRS Web Security and Freedom Ensured Act (SAFE Act)(H.R. 1526) and Security and Freedom Enhancement Act (SAFE Act)(S. 737): Section By Section

More information

Office of Legislative Affairs. April 28, 2006 SECRET

Office of Legislative Affairs. April 28, 2006 SECRET U.S. Department of Justice Office of Legislative Affairs Office of the Assistant Attorney General' Washington, D.C 20530 April 28, 2006 The Honorable Pat Roberts Chairman Senate Select Committee on Intelligence

More information

Striking the Balance: National Security vs. Civil Liberties

Striking the Balance: National Security vs. Civil Liberties Brooklyn Journal of International Law Volume 29 Issue 1 Article 4 2003 Striking the Balance: National Security vs. Civil Liberties Robert N. Davis Follow this and additional works at: http://brooklynworks.brooklaw.edu/bjil

More information

STATEMENT ON THE NATIONAL SECURITY AGENCY S DOMESTIC SURVEILLANCE PROGRAM

STATEMENT ON THE NATIONAL SECURITY AGENCY S DOMESTIC SURVEILLANCE PROGRAM STATEMENT ON THE NATIONAL SECURITY AGENCY S DOMESTIC SURVEILLANCE PROGRAM By the Constitution Project s Liberty and Security Committee July 25, 2007 The Constitution Project 1025 Vermont Avenue, NW Third

More information

Reviving Telecommunications Surveillance Law

Reviving Telecommunications Surveillance Law Berkeley Law Berkeley Law Scholarship Repository Faculty Scholarship 1-1-2008 Reviving Telecommunications Surveillance Law Paul M. Schwartz Berkeley Law Follow this and additional works at: https://scholarship.law.berkeley.edu/facpubs

More information

Intelligence Reform and Terrorism Prevention Act of 2004: Lone Wolf Amendment to the Foreign Intelligence Surveillance Act

Intelligence Reform and Terrorism Prevention Act of 2004: Lone Wolf Amendment to the Foreign Intelligence Surveillance Act Order Code RS22011 Updated December 19, 2006 Intelligence Reform and Terrorism Prevention Act of 2004: Lone Wolf Amendment to the Foreign Intelligence Surveillance Act Summary Elizabeth B. Bazan and Brian

More information

Washington, DC Washington, DC The Hon. F. James Sensenbrenner, Jr. The Hon. John Conyers. Washington, DC Washington, DC 20515

Washington, DC Washington, DC The Hon. F. James Sensenbrenner, Jr. The Hon. John Conyers. Washington, DC Washington, DC 20515 January 9, 2006 The Hon. Bill Frist The Hon. Harry Reid Majority Leader Minority Leader Washington, D.C. 20510 Washington, D.C. 20510 The Hon. J. Dennis Hastert The Hon. Nancy Pelosi Speaker Minority Leader

More information

Excerpt from Vol. 3, Issue 2 (Spring/Summer 2015)

Excerpt from Vol. 3, Issue 2 (Spring/Summer 2015) Excerpt from Vol. 3, Issue 2 (Spring/Summer 2015) Cite as: Lauren Doney, Comment, NSA Surveillance, Smith & Section 215: Practical Limitations to the Third-Party Doctrine in the Digital Age, 3 NAT L SEC.

More information

The FISA Court and Article III

The FISA Court and Article III Washington and Lee Law Review Volume 72 Issue 3 Article 4 Summer 6-1-2015 The FISA Court and Article III Stephen I. Vladeck American University Washington College of Law Follow this and additional works

More information

BACKGROUNDER. Maintaining America s Ability to Collect Foreign Intelligence: The Section 702 Program

BACKGROUNDER. Maintaining America s Ability to Collect Foreign Intelligence: The Section 702 Program BACKGROUNDER No. 3122 Maintaining America s Ability to Collect Foreign Intelligence: The Section 702 Program David R. Shedd, Paul Rosenzweig, and Charles D. Stimson Abstract Section 702 of the Foreign

More information

Case M:06-cv VRW Document 479 Filed 10/16/2008 Page 1 of 15

Case M:06-cv VRW Document 479 Filed 10/16/2008 Page 1 of 15 Case M:0-cv-0-VRW Document Filed //00 Page of 0 CINDY COHN LEE TIEN KURT OPSAHL KEVIN S. BANKSTON CORYNNE MCSHERRY JAMES S. TYRE ELECTRONIC FRONTIER FOUNDATION Shotwell Street San Francisco, CA Telephone:

More information

OFFICE OF BOB BARR Member of Congress,

OFFICE OF BOB BARR Member of Congress, OFFICE OF BOB BARR Member of Congress, 1995-2003 TESTIMONY BY FORMER REP. BOB BARR BEFORE THE JUDICIARY COMMITTEE OF THE U.S. HOUSE OF REPRESENTATIVES CONCERNING OPPOSITION TO S. 1927, THE PROTECT AMERICA

More information

Title: BUSINESS RECORDS ORDERS UNDER 50 U.S.C. 1861

Title: BUSINESS RECORDS ORDERS UNDER 50 U.S.C. 1861 (Rev. 11-04-2003) FEDERAL BUREAU OF INVESTIGATION Precedence: IMMEDIATE Date: 10/29/2003 To: All Field Offices Counterterrorism Counterintelligence Attn: ADIC; SAC; CDC CI/CT Supervisors AD Pistole; DADs

More information

[ORAL ARGUMENT NOT YET SCHEDULED] IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

[ORAL ARGUMENT NOT YET SCHEDULED] IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT USCA Case #15-5307 Document #1583022 Filed: 11/10/2015 Page 1 of 23 [ORAL ARGUMENT NOT YET SCHEDULED] IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT LARRY KLAYMAN, et al., )

More information

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Thurgood Marshall U.S. Courthouse 40 Foley Square, New York, NY Telephone:

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Thurgood Marshall U.S. Courthouse 40 Foley Square, New York, NY Telephone: UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Thurgood Marshall U.S. Courthouse 40 Foley Square, New York, NY 10007 Telephone: 212-857-8500 Docket Number(s): 15-2956, 15-3122(XAP) Motion for: Set

More information

In the Supreme Court of the United States

In the Supreme Court of the United States No. h In the Supreme Court of the United States CENTER FOR CONSTITUTIONAL RIGHTS, ET AL., PETITIONERS v. BARACK OBAMA, ET AL. ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR

More information

NO UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, MOHAMED OSMAN MOHAMUD,

NO UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, MOHAMED OSMAN MOHAMUD, Case: 14-30217, 02/27/2017, ID: 10334346, DktEntry: 127, Page 1 of 28 NO. 14-30217 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, V. MOHAMED OSMAN MOHAMUD, PLAINTIFF APPELLEE,

More information