In Re Sealed Case No. 02-001
Encyclopedia
In re Sealed Case, 310 F.3d
Federal Reporter
The Federal Reporter is a case law reporter in the United States that is published by West Publishing. It begins with cases decided in 1880. It was preceded by Federal Cases...

 717 (2002), is decision by the United States Foreign Intelligence Surveillance Court of Review
United States Foreign Intelligence Surveillance Court of Review
The United States Foreign Intelligence Surveillance Court of Review is a U.S. federal court authorized under and established by the Foreign Intelligence Surveillance Act of 1978...

 reviewing a "denial" of a Foreign Intelligence Surveillance Act (FISA) application handed down on May 17, 2002. The Court of Review reversed the Foreign Intelligence Surveillance Court (FISC) rejection of the FISA application. 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, giving the Court of Review jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...

 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
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...

 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
NSA warrantless surveillance controversy
The NSA warrantless surveillance controversy concerns surveillance of persons within the United States during the collection of foreign intelligence by the U.S. National Security Agency as part of the war on terror...

.

See also

  • Foreign Intelligence Surveillance Act
  • United States Foreign Intelligence Surveillance Court
    United States Foreign Intelligence Surveillance Court
    The United States Foreign Intelligence Surveillance Court is a U.S. federal court authorized under , . It was established by the Foreign Intelligence Surveillance Act of 1978 . The FISC oversees requests for surveillance warrants against suspected foreign intelligence agents inside the United...

  • United States Foreign Intelligence Surveillance Court of Review
    United States Foreign Intelligence Surveillance Court of Review
    The United States Foreign Intelligence Surveillance Court of Review is a U.S. federal court authorized under and established by the Foreign Intelligence Surveillance Act of 1978...


External links

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