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Reason
Reason
Scott Shackford

Secret Surveillance Warrants Remain Secret

For nearly a decade, the American Civil Liberties Union (ACLU) has been trying to lift some of the secrecy cloaking the operations of the federal court that oversees foreign intelligence warrants. But in November, the Supreme Court declined to consider an ACLU petition arguing that the public has a First Amendment right to see the court's classified decisions.

The Foreign Intelligence Surveillance Court (FISC) approves electronic surveillance, physical searches, and demands for business records targeting "a foreign power or agent of a foreign power." Agencies seeking warrants have to claim that the collection of foreign intelligence is a "significant purpose" of their investigations and follow "minimization" procedures aimed at limiting collection of information about U.S. citizens or legal residents.

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