2011 Court Ruling Found A NSA Surveillance Program Unconstitutional, EFF Scores Court Victory
2011 Court Ruling Found A NSA Surveillance Program Unconstitutional, EFF Scores Court Victory

The Electronic Frontier Foundation has scored a major win in getting the U.S. government to release the 2011 FISA court opinion  which ruled some NSA surveillance unconstitutional.

For over a year, EFF has been fighting the government in federal court to force the public release of an 86-page opinion of the secret Foreign Intelligence Surveillance Court (FISC). Issued in October 2011, the secret court’s opinion found that surveillance conducted by the NSA under the FISA Amendments Act was unconstitutional and violated “the spirit of” federal law.

Today, EFF can declare victory: a federal court ordered the government to release records in our litigation, the government has indicated it intends to release the opinion today, and ODNI has called a 3:00 ET press conference to discuss “issues” with FISA Amendments Act surveillance, which we assume will include a discussion of the opinion.

Here’s an excerpt from the Director of National Intelligence Tumblr account:

Consistent with this directive and in the interest of increased transparency, DNI Clapper has today authorized the declassification and public release of a number of documents pertaining to the Intelligence Community’s collection under Section 702 of the Foreign Intelligence Surveillance Act (FISA).  DNI Clapper has determined that the release of these documents is in the public interest.

These documents and other unclassified information related to foreign intelligence surveillance activities are available on a new Intelligence Community website established at the direction of the President. The new www.icontherecord.tumblr.com is designed to provide immediate, ongoing and direct access to factual information related to the lawful foreign surveillance activities carried out by the U.S. Intelligence Community.

DNI James Clapper’s Cover Letter Announcing the Document Release

October 3, 2011 — Foreign Intelligence Surveillance Court Memorandum Opinion and Order (J. Bates)
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9

November 30, 2011 — Foreign Intelligence Surveillance Court Memorandum Opinion and Order (J. Bates)
Part 1 | Part 2

September 25, 2012 — Foreign Intelligence Surveillance Court Memorandum Opinion and Order (J. Bates)