FOIA Litigation: Foreign Intelligence Surveillance Court Orders

EFF v. Department of Justice, 07-403-TFH (D.D.C.) filed Feb. 27, 2007

On January 17, 2007, the Bush Administration announced that it had let the shadowy Foreign Intelligence Surveillance Court (FISC) review the NSA's domestic spying program, which was previously operated without any judicial authorization whatsoever. This Freedom of Information Act (FOIA) case seeks disclosure of the FISC's secret orders.

While claiming that the FISC has now legalized the program, the Administration has refused to let anyone else see the court orders and confirm key details about what they permit. In addition to its refusal to disclose copies of the FISC orders in response to EFF's FOIA request, the Department of Justice has similarly refused to make the orders available to the Senate Judiciary Committee in response to a subpoena.

Oral argument in the case is scheduled for July 26, 2007, before Chief Judge Thomas F. Hogan of the U.S. District Court for the District of Columbia.