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1 Robert Timothy Reagan, Foreign Intelligence Surveillance Act Litigation 1 (2021)

handle is hein.congcourts/fnigcsiea0001 and id is 1 raw text is: 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
in other courts.
Contents
The Foreign Intelligence Surveillance Act 2
Physical Searches 3
FISA Expansion 3
Minimization and the Wall 4
Warrantless Wiretaps 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 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 30
Conflicting Rulings on Surveillance Constitutionality 32
Data Retention 35
The Privacy and Civil Liberties Oversight Board 37
New Notices to Criminal Defendants 39
Jamshid Muhtorov 42
Mohamed Osman Mohamud 43
Agron Hasbajrami 44
Adel Daoud 47
The Qazi Brothers 50
Najibullah Zazi 52
Mohammads and Salims 53

Federal Judicial Center 5/13/2021

1

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