According to the 2011 Foreign Intelligence Surveillance Act (FISA) Report the Justice Department submitted 1,745 applications to the Foreign Intelligence Surveillance Court, a 10.5% increase over 2010. Of the 1,745 FISA search applications, 1,676 concerned electronic surveillance. The FISA court did not deny any applications, though it did modify 30 applications. Also in 2011, the FBI made 16,511 National Security Letter requests for information pertaining to 7,201 different U.S. persons. This is a substantial decrease from the 24,287 national security letter requests concerning 14,212 U.S. persons in 2010. The annual report on FISA, released by the Department of Justice, is far less extensive than the annual wiretap report, produced by the Administrative Office of the US Courts. EPIC has recommended greater accountability for the FISA Court. For more information, see: EPIC: Foreign Intelligence Surveillance Act Court Orders 1979-2011 and EPIC: Foreign Intelligence Surveillance Act.
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Communications Law and Policy
Jerry Kang and Alan Butler