However, it can be argued that the new language of "measurable purpose" held by the FISCR in In re Sealed Case actually makes the showing of probable cause almost obsolete.
290) Cooperation between the two boards would be mutually beneficial, especially in the wake of the PCLOB's report on the legality and efficacy of the National Security Administration's ("NSA") programs under [section] 215 and the effectiveness of the FISC and FISCR.
First, such challenges have arisen in the FISC and FISCR
as part of those courts' roles in approving the parameters of these collection activities.
This Comment examines the FISCR
opinion and calls into question the constitutionality of the Patriot Act's "significant purpose" test.
targeting and minimization procedures the FISCR
reviewed, and approved,
noted that In re Sealed Case did not hold that a foreign intelligence exception to the warrant requirement exists; instead, it assumed, arguendo, that regardless of whether or not the requirements were met, traditional FISA could survive on reasonableness grounds.
shall determine and enter a FISCR
shall determine and enter a
embraced three reasons to carve out a foreign intelligence exception: when (a) the purpose of surveillance went beyond "garden-variety" law enforcement; (b) the government's interest was "particularly intense"; and (c) there was a "high degree of probability that requiring a warrant would hinder the government's ability to collect time-sensitive information and, thus, would impede the vital national security interests that are at stake.
creating a repository of technological expertise for FISC and FISCR
Appeals of any FISC order to FISCR
and petitions for certiorari to the U.
To the extent that the appointments process implies an ideological predilection, at a minimum, it is worth noting that almost all of the judges who serve on FISC and FISCR
are Republican appointees.
12/1/2011-5/18/2018 Bill Clinton Bryson ** Jennifer B.