In re: Sealed Case No. 02-001

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In re: Sealed Case No. 02-001, 310 F.3d 717 (2002), is a per curiam decision by the United States Foreign Intelligence Surveillance Court of Review in which it reviewed restrictions that were placed upon a Foreign Intelligence Surveillance Act (FISA) application by the Foreign Intelligence Surveillance Court (FISC) on May 17, 2002. The Court of Review reversed the FISC's restrictions, stating that they "are not required by FISA or the Constitution".[1] This opinion represents the first meeting of and first opinion by the Court of Review. For the purposes of review, the FISC's modification of the requested application worked as a "denial", thus giving the Court of Review jurisdiction to take the case.

Among other things, the Court of Review found that FISA is constitutional, that the minimization requirements of FISA are not grounds to limit the purpose of the FISA application, and that FISA may be used to collect evidence for criminal prosecution. The Court also noted (but made no judgment regarding) "the President’s inherent constitutional authority to conduct warrantless foreign intelligence surveillance" which relates to part of the government justification in the NSA warrantless surveillance controversy.

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References[edit]

  1. ^ In re: Sealed Case No. 02-001, 310 F.3d 717, 718 (United States Foreign Intelligence Surveillance Court of Review 2002).

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