Steven Aftergood writes:
The Foreign Intelligence Surveillance Court has proposed new rules to comply with the provisions of the FISA Amendments Act of 2008. The Court reviews government applications for intelligence surveillance and physical search under the Foreign Intelligence Surveillance Act (FISA).
The proposed FISA Court rules (pdf) provide new procedures by which telecommunications companies can petition the Court to modify or dismiss a court order or a directive from the Attorney General or the DNI requiring them to assist in electronic surveillance, to provide “any tangible thing,” or to adhere to a nondisclosure requirement concerning intelligence surveillance. Meanwhile, other procedures would permit the government to petition the Court to compel cooperation by a non-compliant telecommunications provider. A new section in the proposed FISA Court rules accordingly addresses the conduct of “adversarial proceedings,” a term that does not appear in the current rules (last modified in 2006).
The FISA Court has provided an opportunity for public comment on the new rules. Comments are due by October 4, 2010.
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