A bipartisan group of senators, led by Senator Jeff Merkley (D-OR) and Senator Mike Lee (R-UT), has proposed a bill that would declassify the opinions of the Foreign Intelligence Surveillance Court. In 2012 testimony before the House Judiciary Committee, EPIC recommended the publication of Foreign Intelligence Surveillance Court Opinions prior to the renewal of the FISA Amendments Act. Last week, EPIC charged the Foreign Intelligence Surveillance Court with acting outside of its authority. In a letter to Congress, EPIC stated, "The Foreign Intelligence Surveillance Court ordered an American telephone company to disclose to the NSA records of wholly domestic communications. The FISC lacks the legal authority to grant this order." EPIC asked Congress to conduct hearings and determine whether the specialized court, charged with overseeing the collection of foreign intelligence, may also authorize surveillance of solely domestic communications. EPIC has also filed Freedom of Information Act request a with the Department of Justice, seeking the agency's justification for the NSA domestic surveillance program. For more information, see EPIC: Foreign Intelligence Surveillance Act, EPIC: Clapper v. Amnesty, and EPIC: USA Patriot Act.
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Communications Law and Policy
Jerry Kang and Alan Butler