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More NSA Documents Coming Today

Alex Abdo,
Former Senior Staff Attorney,
ACLU Speech, Privacy, and Technology Project
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November 18, 2013

We’re expecting the possible release today of more NSA surveillance documents in two of our ongoing lawsuits.

First, in our long-running Freedom of Information Act suit for documents relating to the government’s interpretation of Section 215 of the Patriot Act, we’re expecting the third (and possibly final) release of documents from the government. The first two releases came — pursuant to a scheduling order in our lawsuit — on September 10 and October 28. (We have compiled them all here, along with all of the other NSA documents released by the government and the press since June.)

We do not yet know what documents the government will disclose in this third release, but still outstanding are: an opinion of the Foreign Intelligence Surveillance Court (FISC) dated February 24, 2006; government applications submitted to the FISC under Section 215; and internal government documents analyzing Section 215.

Second, in our motion asking the FISC to disclose legal opinions concerning Section 215, we are expecting the possible release of a FISC opinion dated February 19, 2013. After we filed our motion, the FISC ordered the government to conduct a declassification review of any opinions not already being processed in response to our FOIA request. The government responded that there was one such opinion, and that it would process it by today.

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