In re Sealed Case, 310 F.3d 717 (2002), is decision by the United States Foreign Intelligence Surveillance Court of Review 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 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 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.
Famous quotes containing the words sealed and/or case:
“Retreat was out of hope,—
Behind, a sealed route,
Eternity’s white flag before,
And God at every gate.”
—Emily Dickinson (1830–1886)
“A woman’s whole life is a history of the affections. The heart is her world: it is there her ambition strives for empire; it is there her avarice seeks for hidden treasures. She sends forth her sympathies on adventure; she embarks her whole soul on the traffic of affection; and if shipwrecked, her case is hopeless—for it is a bankruptcy of the heart.”
—Washington Irving (1783–1859)