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… The court agreed with the district court’s conclusion “that [the defendant] ‘continue[s] to suffer a present, on-going injury due to the government's continued retention of derivative material from the FISA seizure.’” 599 …
… Finding that defendant did not waive sovereign immunity under FISA. See 705 F.3d at 850–55. View document: https://scholar.google.com/scholar_case?case=9448928365392331552&q=705+… … Al-Haramain Islamic Found., Inc. v. …
… Finding that “the district court did not err in denying Mohamud's motion to suppress premised on the late supplemental FISA notice” because defendant couldn’t “demonstrate how the late disclosure prejudiced him.” 843 F.3d …
… Agent defendants are “entitled to qualified immunity with respect to this category of surveillance.” 916 F.3d at 1220. Agent defendants not entitled to qualified immunity “for recordings made by devices planted by FBI …
… Denying “defendant’s motion to suppress, motion for disclosure of FISA applications and orders.” 531 F. Supp. 2d at 313. “FISA, as amended . . . is constitutional under the 4th amendment.” Id. “FISA surveillance in this …
… Finding that “appropriate venue for this action under § 1391(b)(2) is the Eastern District of Virginia.” 689 F. Supp. 2d at 161. View document: https://scholar.google.com/scholar_case?case=10453313891902166968&q=689… … …
… Denying EPIC’s motion for preliminary injunction. 15 F. Supp. 3d at 49. “[P]laintiff [EPIC] submitted a document request to defendant Department of Justice (“DOJ”) under the Freedom of Information Act (“FOIA”) seeking …
… “EPIC challenges the government's withholding of information in the SARs that pertains to summaries of FISC legal opinions, descriptions of the scope of the FISC's jurisdiction, and discussions of process improvements on …
… Finding that “plaintiffs have failed to show an injury that could be redressed by the injunctive relief they request.” 280 F. Supp. 3d at 54 (“plaintiffs seek three distinct forms of declaratory and injunctive relief: (1) …
… Finding that “the probable cause showing required by FISA is reasonable.” 807 F.2d at 790. Rejecting “appellant's suggestion that FISA violates the Fourth Amendment's particularity requirement by allowing a general …
… Defendant was not denied due process just because the district court conducted an ex parte, in camera review of FISA materials. See 827 F.2d at 476–77. View document: https://perma.cc/H5A5-TDEL … United States v. Ott, 827 …
… Dismissing plaintiff’s claim “alleging a violation of FISA.” 2016 WL 3982450, at *8. … Gill v. DOJ, No. 15-824 (RMC), 2016 WL 3982450 (D.D.C. July 22, 2016). … Case 1:15-cv-00824-RMC Document 17 Filed 07/22/16 Page 1 of 17 …
… Concluding that “the FISA warrant was supported by probable cause.” 751 F. App’x at 1000. Finding that “the government’s Foreign Intelligence Surveillance Act (“FISA”) search and subsequent use of FISA-derived materials in …
… Denying motion for summary judgment in FOIA request to obtain FISA applications sought under FOIA after White House press release and President’s tweets indicated material be declassified. … James Madison Project v. DOJ, …
… The Court, following its own precent in Ott, 827 F.2d 473, stated the government met the requirement that the “purpose of the surveillance must be to secure foreign intelligence surveillance.” 841 F.2d at 964. The Court …
… The Court found that the materials provided to support an application under FISA met the probable cause standard under the Fourth Amendment. 864 F.32d at 1491. As the government met Fourth Amendment standard, the Court did …
… EFF brought suit after DOJ denied FOIA request for an Office of Legal Counsel (OLC) Opinion memorandum. 892 F. Supp. 2d at 96-97. The Court found that the material was properly withheld under Exemption 1 (national …
… The Court found that subscribers had a substantial likelihood of success in claiming their Fourth Amendments rights were violated by the NSA’s bulk telephony metadata program. 957 F. Supp. 2d at 25-42. View document: …
… After a FOIA requesters had attempted for years to get information about EPA official’s phone calls, e-mails, and text messages, they made a FOIA request to the NSA for the same information. The Court held that the NSA’s …
… The Court held that the FOIA request for unredacted reports relating to the investigation into Russian interference with the 2016 election was properly withheld under Exemption 5. 487 F. Supp. 3d at 20. Note that on Oct. …
… The Court held that claims challenging the continued collection of Smith’s metadata under § 215 were moot. 816 F.3d at 1241. However, the Court remanded other claims, including Smith’s request for the government to purge …
… In re Nat’l Sec. Letter, 863 F.3d 1110 (9th Cir. 2017) … Case: 16-16067, 07/17/2017, ID: 10510050, DktEntry: 87-1, Page 1 of 41 FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT IN RE NATIONAL SECURITY …
… After Kevin Clinesmith pleaded guilty to one count of false statements in connection with the preparation of an application for renewal of a surveillance warrant for the FISC, the District Court granted Carter Page, the …
… Holding that that the Government may have violated the Fourth Amendment and did violate FISA when it collected the telephony metadata of millions of Americans, including at least one of the defendants convicted of sending …
… The Court amended the opinion reported at 916 F.3d 1202, unanimously voting to deny a petition for rehearing. The Court also voted on an en banc rehearing, but the matter failed to receive a majority of the votes by …
… EFF requested disclosure of further redactions of GID.C.00073. The Court held that the released document was properly redacted under FOIA exemption protecting records classified pursuant to executive order. View document: …
… Company filed FOIA suit seeking all communications intercepted by NSA as intelligence information or via bulk collection. The Court found that the NSA properly withheld information pursuant to a Glomar response. View …
… EPIC requested production of a § 1809 opinion referenced in GID.C.00073. See id. at 54-55. The Court found that the DOJ declarations were sufficient to show that the opinion is classified and properly withheld under FOIA …
… The Court held that the FBI properly redacted four pages of its FISA and Standard Minimization Procedures Guide under FOIA Exemption 1 and 3. 2018 WL 2324084, at *6. … Elec. Privacy Info Ctr. v. FBI, No. 17-cv-00121, 2018 …
… Plaintiff submitted a four-part FOIA request to six intelligence agencies requesting procedures the agencies must follow in regard to unmasking and upstreaming. The agencies each provided Glomar responses for parts 2 and 3 …
… Granting government’s renewed motion for summary judgment in FOIA request to obtain FISA applications sought under FOIA after White House press release and President’s tweets indicated material be declassified. The Court …