FISA

Theophilus

1. Topicalitypg. 1
2. Review Process...pg. 1-5
(Rejections, Approvals and Modifications)
3. FISA judges....pg. 5
4. FISC compared to Federal Courts...pg. 5

1. Topicality
Domestic: Oxford Dictionary 2013: existing or occurring inside a particular country;
not foreign or international.
Because of this definition of domestic the affirmative team violates the resolution by
dealing with the Foreign Intelligence Surveillance court which even in the courts name
says it is foreign surveillance and not domestic surveillance.

2. Review Process (Rejections, Approvals and Modifications)

FISC rejects 25%
From the Foreign Intelligence Surveillance Court bounces a quarter of the governments
applications for surveillance orders. This according to statistics released. By Joel
Brenner October 18, 2013
The Foreign Intelligence Surveillance Court bounces a quarter of the governments
applications for surveillance orders. This according to statistics released this week by the
courts chief judge,
http://www.newrepublic.com/article/115257/fisa-warrants-court-tougher-media-says

Joel Brenner practices law and consults on security issues in hisoffice in Washington,
DC, Joel Brenner LLC. He is also a senior advisor at The Chertoff Group
The applications must meet FISA requirements
From the Foreign Intelligence Surveillance Court bounces a quarter of the governments
applications for surveillance orders. This according to statistics released. By Joel Brenner
October 18, 2013
Youve probably read 20 or more times that the FISA Court approves more than 99
percent of the governments applications for foreign surveillance orders. What few media
have mentionedand none has emphasizedis that the court often bounces applications
and demands modifications before approval. It does so precisely because the application
process is not adversarial and secret.
http://www.newrepublic.com/article/115257/fisa-warrants-court-tougher-media-says

Joel Brenner practices law and consults on security issues in hisoffice in Washington,
DC, Joel Brenner LLC. He is also a senior advisor at The Chertoff Group

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Theophilus

Wiretap approval numbers

From the Foreign Intelligence Surveillance Court bounces a quarter of the governments
applications for surveillance orders. This according to statistics released. By Joel Brenner
October 18, 2013
From 2008 to 2012, courts refused to grant only five wiretap applications among 13,593
applied for. Thats an approval rate of 99.96 percent
http://www.newrepublic.com/article/115257/fisa-warrants-court-tougher-media-says

Joel Brenner practices law and consults on security issues in hisoffice in Washington,
DC, Joel Brenner LLC. He is also a senior advisor at The Chertoff Group
FISC forces substantive changes
From FISA Court: We Only Approve 75 percent of Government Warrants Without
Changes Matt Sledge The Huffington Post October 15, 2013.
Court's chief judge, Reggie Walton, highlighted the fact that the court forces
"substantive changes" to 24.4 percent of the government's applications before approving
them.
http://www.huffingtonpost.com/2013/10/15/fisa-court_n_4102599.html
Matt Sledge is a reporter for the Huffington Post based in New York. Prior to joining
HuffPost he worked as the Rhode Island director for FairVote. He is a graduate of Brown
University.
The 24.4% statistic was only a first study over a limited period of time.
From A letter written by Presiding Judge Reggie Walton to Judge Charles Grassly published by
the USFG October 11th 2013
Our letter also stated, "In a typical week, the Court seeks additional information or modifies
the terms proposed by the government in a significant percentage of cases." We further
indicated that the FISC was then just beginning a practice of collecting statistics on the rate at
which such modifications occur. We are now ready to provide some initial statistics in this
regard.
During the three month period from July 1, 2013 through September 30, 2013, we have
observed that 24.4% of matters submitted ultimately involved substantive changes to the
information provided by the government or to the authorities granted as a result of Court
inquiry or action. This does not include, for example, mere typographical corrections.
Although we have every reason to believe that this three month period is typical in terms of
the historic rate of modifications, we will continue to collect these statistics for an additional
period of time and we will inform you if those data suggest that the recent three months were
anomalous. It should be noted, however, that these statistics are an attempt to measure the
results of what are, typically, informal communications between the branches. Therefore, the
determination of exactly when modification is "substantial," and whether it was caused solely
by the FISC's intervention, can be a judgment call.

http://www.lawfareblog.com/wp-content/uploads/2013/10/ranking-member-grassley-

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Theophilus

letter-131011.pdf
Judge Reggie B. Walton assumed his position as a United States District Judge for the
District of Columbia on October 29, 2001, after being nominated to the position by
President George W. Bush and confirmed by the United States Senate
The notion that the FISA court is a rubber stamp has been definitively put to rest.
The FISC is very active in the process of considering these warrants.
From FISA Court: We Only Approve 75 Percent Of Government Warrants Without
Changes written by Matt Sledge published by the Huffington Post on October 10th 2013
As critics of the Foreign Intelligence Surveillance Court (FISC) have noted time and
again, the secretive judicial body grants the government approval on 99 percent of its
surveillance warrants, which are supposed to focus on foreign targets.
But in identical letters addressed to Senate Judiciary Chairman Pat Leahy (D-Vt.) and
Ranking Member Chuck Grassley (R-Iowa), the court's chief judge, Reggie Walton,
highlighted the fact that the court forces "substantive changes" to 24.4 percent of the
government's applications before approving them. "That does not include, for example,
mere typographical corrections," he added.
http://www.huffingtonpost.com/2013/10/15/fisa-court_n_4102599.html
Matt Sledge is a reporter for the Huffington Post based in New York.
While the 99% number is a common statistic to cite, it is inaccurate if we are to
examine the actual process of the FISC
From A letter written by Presiding Judge Reggie Walton to Judge Charles Grassly
published by the USFG October 11th 2013
The annual statistics provided to Congress by the Attorney General pursuant to 50
U.S.C. 1807 and 1862(b)- frequently cited to in press reports as a suggestion that
the Courts approval rate of applications is over 99%- reflect only the number of
final applications submitted to and acted on by the Court. These statistics do not
reflect the fact that many applications are altered prior to final submission or even
withheld from final submission entirely, often after an indication that a judge would
not approve them.
http://www.lawfareblog.com/wp-content/uploads/2013/10/ranking-member-grassleyletter-131011.pdf
Judge Reggie B. Walton assumed his position as a United States District Judge for the
District of Columbia on October 29, 2001, after being nominated to the position by
President George W. Bush and confirmed by the United States Senate

FISA
Theophilus

FISA Court Applications often go though modifications before Approval

The FISA Court Is Tougher Then the Media Says By Joel Brenner, Published by New
Republic.com, on October 18th, 2013
What few media have mentionedand none has emphasizedis that the court often
bounces applications and demands modifications before approval. It does so precisely
because the application process is not adversarial and secret. As Judge Walton noted, the
99 percent figure does not reflect the fact that many applications are altered prior to final
submission or even withheld from final submission entirely,
http://www.newrepublic.com/article/115257/fisa-warrants-court-tougher-media-says
Joel Brenner holds a JD from the Harvard Law School, a PhD from the London School
of Economics, and a BA from the University of Wisconsin
There is a thorough review process for wiretap warrants
From Foreign Intelligence Surveillance Court: A Look At The Judges Who Preside Over
America's Secret Court By John Shiffman and Kristina Cooke, Published by Reuters and
The Huffington Post, June 21st, 2013
Walton, the senior judge on FISA, declined to be interviewed. In a statement, he said:
"The perception that the court is a rubber stamp is absolutely false. There is a rigorous
review process of applications submitted by the executive branch, spearheaded initially
by five judicial branch lawyers who are national security experts, and then by the judges,
to ensure that the court's authorizations comport with what the applicable statutes
authorize.
http://www.huffingtonpost.com/2013/06/21/foreign-intelligence-surveillancecourt_n_3476260.html
John Shiffman is a Correspondant for Reuters and has a bachelors degree and a masters
degree along with a J.D. from American University, Washington College of Law
Kristina Cooke is a Correspondant for Reuters and has a B.S. in International Relations
and History
Almost all of the warrant requests were accepted
From Foreign Intelligence Surveillance Court: A Look At The Judges Who Preside Over
America's Secret Court By John Shiffman and Kristina Cooke, Published by Reuters and
The Huffington Post, June 21st, 2013
Between 2001 and 2012, the FISA judges approved 20,909 surveillance and property
search warrants - an average of 33 a week. During that 12-year period, the judges denied
just 10 applications. Prosecutors withdrew another 26 applications.
http://www.huffingtonpost.com/2013/06/21/foreign-intelligence-surveillancecourt_n_3476260.html
John Shiffman is a Correspondant for Reuters and has a bachelors degree and a masters
degree along with a J.D. from American University, Washington College of Law
Kristina Cooke is a Correspondant for Reuters and has a B.S. in International Relations
and History

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Theophilus

Judges make substantial modifications to warrants submitted

From Foreign Intelligence Surveillance Court: A Look At The Judges Who Preside Over
America's Secret Court By John Shiffman and Kristina Cooke, Published by Reuters and
The Huffington Post, June 21st, 2013
The records also show that FISA judges ordered "substantial modifications" to 497
surveillance and property warrants and 428 of the business record warrants. The statistics
are especially intriguing for business record warrants for 2011 and 2012. Of 417 warrants
authorized, the court "substantially modified" 376.
http://www.huffingtonpost.com/2013/06/21/foreign-intelligence-surveillancecourt_n_3476260.html
John Shiffman is a Correspondant for Reuters and has a bachelors degree and a masters
degree along with a J.D. from American University, Washington College of Law
Kristina Cooke is a Correspondant for Reuters and has a B.S. in International Relations
and History

3. FISA judges
No attention is given to FISA judges, who meet in secret
"FISA court: A Look at the Judges Who Preside Over America's secret court" By John
Shiffman and Christina Cooke, The Huffington Post, June 21, 2013,
"The trial court judges who sit on the FISA court wield great power working in secret.
The court has come under scrutiny after Britain's Guardian newspaper published details
of a secret FISA court order requiring Verizon Communications to provide data to the
NSA. While U.S. intelligence officials have insisted that the FISA process is thorough,
little attention has focused on the judges themselves."
http://www.huffingtonpost.com/2013/06/21/foreign-intelligence-surveillancecourt_n_3476260.html
John Shiffman: Journalist

4. FISC compared to Federal Courts

FISA court looks tough compared to Federal Court
The FISA Court Is Tougher Then the Media Says By Joel Brenner, Published by New
Republic.com, on October 18th, 2013
In fact, the FISA Court looks tough when compared to the way federal district courts
handle wiretap applications under Title III, as the federal law is known.
http://www.newrepublic.com/article/115257/fisa-warrants-court-tougher-media-says
Joel Brenner holds a JD from the Harvard Law School, a PhD from the London School
of Economics, and a BA from the University of Wisconsin

FISA
Theophilus