ACLU Seeks Foreign Intel Surveillance Court Records

ACLU SEEKS FOREIGN INTEL SURVEILLANCE COURT RECORDS

The American Civil Liberties Union filed an unusual motion with the
Foreign Intelligence Surveillance Court this week seeking public
disclosure of recent Court orders interpreting the Foreign Intelligence
Surveillance Act (FISA), the law that regulates warrantless surveillance
within the United States.

"Over the next six months, Congress and the public will debate the
wisdom and necessity of permanently expanding the executive's authority
to conduct intrusive forms of surveillance without judicial oversight,"
the ACLU motion stated, referring to the debate over the recent
amendments to the FISA that will sunset in six months if they are not
renewed.

"Unless this Court releases the sealed materials, this debate will take
place in a vacuum."

"Publication of the sealed materials would assist the public in
evaluating the significance of recent amendments to FISA and
determining for itself whether those amendments should be made
permanent," the ACLU argued.

A copy of the August 8 ACLU Motion for Release of Court Records is
posted here:

http://www.fas.org/irp/agency/doj/fisa/aclu080807.pdf

An ACLU press release on the motion is here:

http://www.aclu.org/safefree/spying/31227prs20070808.html

The ACLU motion admitted that the Foreign Intelligence Surveillance
Court's docket "consists mainly of material that is properly
classified." However, it noted, "on at least two occasions in the
past, this Court has recognized the public interest in the Court's
[activities] and has accordingly published its rulings."

"Disclosure of the sealed materials, with redactions to protect
information that is properly classified, would be consistent with the
Court's past practice and procedural rules," the ACLU said.