United States Foreign Intelligence Surveillance Court of Review
Encyclopedia
The United States Foreign Intelligence Surveillance Court of Review (FISCR) is a U.S. federal court
authorized under and established by the Foreign Intelligence Surveillance Act of 1978 (known as FISA for short). It is a three judge panel whose sole purpose is to review denials of applications for electronic surveillance warrants (called FISA warrants) by the United States Foreign Intelligence Surveillance Court
(or FISC). Each judge of the FISC, in turn, has the jurisdiction to oversee requests for surveillance warrants by federal police agencies (primarily the Federal Bureau of Investigation
) against suspected foreign intelligence agents
inside the United States. Any appeals from the Court of Review are made directly to the Supreme Court
. The Court of Review is not an adversarial court; rather, the only party to the court is the federal government, although other parties may submit briefs as amici curiae
. Records of the proceedings are kept, but they are classified
, although copies of the proceedings with sensitive information redacted may be made public.
The judges of the Court of Review are district
or appellate
federal judges, appointed by the Chief Justice of the United States
for seven year terms. The terms are staggered so that there are at least two years between consecutive appointments. A judge may be appointed only once to either this court or the FISC.
The Court of Review was called into session for the first time in 2002 in a case referred to as "In Re Sealed Case No. 02-001
". The FISC had granted a FISA warrant to the F.B.I., but had placed restrictions on its use; specifically, the F.B.I. was denied the ability to use evidence gathered under the warrant in criminal cases. The Court of Review allowed a coalition of civil liberties
groups, including the American Civil Liberties Union
and the Electronic Frontier Foundation
, to file briefs as amici curiae arguing against the F.B.I's new surveillance regulations. The Court of Review held that the restrictions that the FISC had placed on the warrant violated both FISA and the USA PATRIOT Act
and that there was no constitutional requirement for those restrictions.
In August 2008, the Court of Review affirmed the constitutionality of Protect America Act of 2007
in a heavily redacted opinion, In re Directives [redacted text] Pursuant to Section 105B of the Foreign Intelligence Surveillance Act, released on January 15, 2009, which was only the second such public ruling since the enactment of the FISA Act.
The exact dates of Judge Silberman's tenure are uncertain.
United States federal courts
The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...
authorized under and established by the Foreign Intelligence Surveillance Act of 1978 (known as FISA for short). It is a three judge panel whose sole purpose is to review denials of applications for electronic surveillance warrants (called FISA warrants) by the United States Foreign Intelligence Surveillance Court
United States Foreign Intelligence Surveillance Court
The United States Foreign Intelligence Surveillance Court is a U.S. federal court authorized under , . It was established by the Foreign Intelligence Surveillance Act of 1978 . The FISC oversees requests for surveillance warrants against suspected foreign intelligence agents inside the United...
(or FISC). Each judge of the FISC, in turn, has the jurisdiction to oversee requests for surveillance warrants by federal police agencies (primarily the Federal Bureau of Investigation
Federal Bureau of Investigation
The Federal Bureau of Investigation is an agency of the United States Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency . The FBI has investigative jurisdiction over violations of more than 200 categories of federal crime...
) against suspected foreign intelligence agents
Secret Agent
Secret Agent is a British film directed by Alfred Hitchcock, loosely based on two stories in Ashenden: Or the British Agent by W. Somerset Maugham. The film starred John Gielgud, Peter Lorre, Madeleine Carroll, and Robert Young...
inside the United States. Any appeals from the Court of Review are made directly to the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
. The Court of Review is not an adversarial court; rather, the only party to the court is the federal government, although other parties may submit briefs as amici curiae
Amicus curiae
An amicus curiae is someone, not a party to a case, who volunteers to offer information to assist a court in deciding a matter before it...
. Records of the proceedings are kept, but they are classified
Classified information
Classified information is sensitive information to which access is restricted by law or regulation to particular groups of persons. A formal security clearance is required to handle classified documents or access classified data. The clearance process requires a satisfactory background investigation...
, although copies of the proceedings with sensitive information redacted may be made public.
The judges of the Court of Review are district
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
or appellate
United States courts of appeals
The United States courts of appeals are the intermediate appellate courts of the United States federal court system...
federal judges, appointed by the Chief Justice of the United States
Chief Justice of the United States
The Chief Justice of the United States is the head of the United States federal court system and the chief judge of the Supreme Court of the United States. The Chief Justice is one of nine Supreme Court justices; the other eight are the Associate Justices of the Supreme Court of the United States...
for seven year terms. The terms are staggered so that there are at least two years between consecutive appointments. A judge may be appointed only once to either this court or the FISC.
The Court of Review was called into session for the first time in 2002 in a case referred to as "In Re Sealed Case No. 02-001
In Re Sealed Case No. 02-001
In re Sealed Case, 310 F.3d 717 , is decision by the United States Foreign Intelligence Surveillance Court of Review reviewing a "denial" of a Foreign Intelligence Surveillance Act application handed down on May 17, 2002. The Court of Review reversed the Foreign Intelligence Surveillance Court ...
". The FISC had granted a FISA warrant to the F.B.I., but had placed restrictions on its use; specifically, the F.B.I. was denied the ability to use evidence gathered under the warrant in criminal cases. The Court of Review allowed a coalition of civil liberties
Civil liberties
Civil liberties are rights and freedoms that provide an individual specific rights such as the freedom from slavery and forced labour, freedom from torture and death, the right to liberty and security, right to a fair trial, the right to defend one's self, the right to own and bear arms, the right...
groups, including the American Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
and the Electronic Frontier Foundation
Electronic Frontier Foundation
The Electronic Frontier Foundation is an international non-profit digital rights advocacy and legal organization based in the United States...
, to file briefs as amici curiae arguing against the F.B.I's new surveillance regulations. The Court of Review held that the restrictions that the FISC had placed on the warrant violated both FISA and the USA PATRIOT Act
USA PATRIOT Act
The USA PATRIOT Act is an Act of the U.S. Congress that was signed into law by President George W. Bush on October 26, 2001...
and that there was no constitutional requirement for those restrictions.
In August 2008, the Court of Review affirmed the constitutionality of Protect America Act of 2007
Protect America Act of 2007
The Protect America Act of 2007 , , is a controversial amendment to the Foreign Intelligence Surveillance Act that was signed into law on August 5, 2007. It removed the warrant requirement for government surveillance of foreign intelligence targets "reasonably believed" to be outside of the...
in a heavily redacted opinion, In re Directives [redacted text] Pursuant to Section 105B of the Foreign Intelligence Surveillance Act, released on January 15, 2009, which was only the second such public ruling since the enactment of the FISA Act.
Current composition of the court
| Name | Circuit | Appointed | Expiry |
|---|---|---|---|
| Bruce Marshall Selya Bruce Marshall Selya Bruce Marshall Selya is a senior federal judge on the United States Court of Appeals for the First Circuit and chief judge of the United States Foreign Intelligence Surveillance Court of Review who is known for his conservative opinions and distinctive writing style.-Career:Judge Selya received an... (presiding) |
First United States Court of Appeals for the First Circuit The United States Court of Appeals for the First Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* District of Maine* District of Massachusetts... |
October 8, 2005 | May 18, 2012 |
| Ralph K. Winter, Jr. Ralph K. Winter, Jr. Judge Ralph K. Winter, Jr. is a judge for the United States Court of Appeals for the Second Circuit. President Ronald Reagan nominated Winter on November 18, 1981, to a seat vacated by Walter Roe Mansfield. Judge Winter was confirmed by the Senate on December 9, 1981, and received his commission... |
Second United States Court of Appeals for the Second Circuit The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals... |
May 18, 2003 | May 18, 2010 |
| Morris Sheppard Arnold | Eighth United States Court of Appeals for the Eighth Circuit The United States Court of Appeals for the Eighth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Arkansas* Western District of Arkansas... |
May 19, 2008 | May 18, 2015 |
List of former judges
| Name | Circuit | Appointed | Expiry |
|---|---|---|---|
| Laurence H. Silberman Laurence H. Silberman Laurence Hirsch Silberman is a senior federal judge on the United States Court of Appeals for the District of Columbia Circuit. He was appointed in October 1985 by Ronald Reagan and took senior status on November 1, 2000. He continues to serve on the court... |
D.C. United States Court of Appeals for the District of Columbia Circuit The United States Court of Appeals for the District of Columbia Circuit known informally as the D.C. Circuit, is the federal appellate court for the U.S. District Court for the District of Columbia. Appeals from the D.C. Circuit, as with all the U.S. Courts of Appeals, are heard on a... |
May 18, 1996 | May 18, 2003 |
| Ralph B. Guy, Jr. Ralph B. Guy, Jr. Ralph B. Guy, Jr. is a United States federal judge.Born in Detroit, Michigan, Guy received an A.B. from the University of Michigan in 1951 and a J.D. from the University of Michigan Law School in 1953. He was in private practice in Dearborn, Michigan from 1954 to 1955... |
Sixth United States Court of Appeals for the Sixth Circuit The United States Court of Appeals for the Sixth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Kentucky* Western District of Kentucky... |
October 8, 1998 | May 18, 2005 |
| Edward Leavy Edward Leavy Judge Edward Leavy is a judge for the United States Court of Appeals for the Ninth Circuit and the United States Foreign Intelligence Surveillance Court of Review. Prior to these positions, Leavy was a judge for the U.S... |
Ninth United States Court of Appeals for the Ninth Circuit The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona... |
September 25, 2001 | May 18, 2008 |
The exact dates of Judge Silberman's tenure are uncertain.