FISA Court Proposes New Court Rules

Secrecy News reports that 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 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).

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