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1 Robert Timothy Reagan, Foreign Intelligence Surveillance Act Litigation 1 (2022)

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              Foreign   Intelligence Surveillance
                          Act  Litigation
                        Robert Timothy Reagan
                        Federal Judicial Center

The  Foreign Intelligence Surveillance Act created procedures for judicial
oversight of domestic foreign intelligence surveillance. Over time, the pur-
view of the act expanded from electronic surveillance incidents to surveil-
lance programs  encompassing  electronic communications  and  tangible
things. The judicial supervision both become more public and more litigated.

                              Contents
       The Foreign Intelligence Surveillance Act 2
       Physical Searches 3
       FISA Expansion  3
       Minimization and the Wall 4
       Stellar Wind 6
       Statutory Enhancement of Surveillance Authority 12
          The FISA Court of Review's Second Published
             Opinion   13
          Challenges to the FISA Amendments Act 14
          Concerns by Senators Wyden and Udall 15
          Judge Bates's Concerns 17
       Litigation Following Edward Snowden's Revelations 19
          Judicial Approval of Surveillance Programs 20
          Disclosing Surveillance Cooperation 23
       Smith and Jones 27
       The Public's Right of Access to Statutory Interpretation 29
       Conflicting Rulings on Surveillance Constitutionality 32
       Data Retention 34
       The Privacy and Civil Liberties Oversight Board 36
       New Notices to Criminal Defendants 38
          Jamshid Muhtorov   41
          Mohamed   Osman  Mohamud 41
          Agron Hasbajrami  43
          Reaz Qadir Khan  45
          Adel Daoud  46
          The Qazi Brothers 50
          Najibullah Zazi 51
          Mohammads   and Salims  53


Federal Judicial Center 6/6/2022


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