FISC Clarifies That Its Procedural Rules Do Not Prevent DOJ from Releasing Opinions

摘要

In Re Motion for Consent to Disclosure of Court Records or, in the Alternative, a Determination of the Effect of the Court's Rules on Statutory Access Rights [No. Misc. 13-01 (F.I.S.C. 06/12/2013)] centered on the efforts of the Electronic Frontier Foundation (EFF), a civil liberties non-profit, to obtain records from the US Foreign Intelligence Surveillance Court (FISC). Specifically, EFF bought suit in the US District Court for the District of Columbia regarding its Freedom of Information Act, request for disclosure of two versions of a FISC opinion in the Government's possession. The Government argued before the district court that FISC rules prohibited disclosure of the opinion to EFF. The district court stayed its proceedings so EFF could request relief from FISC regarding the claimed prohibition. EFF brought the above motion and requested either FISC enter an order noting its consent (or lack of opposition) to the disclosure of the material EFF seeks, provided the material is non-exempt under the Freedom of Information Act (FOIA), or a determination that FISC rules do not prohibit disclosure of the requested material in a manner that would supersede a judicial determination that such material is subject to disclosure under the FOIA.