FISA Court and Transparency: public information and informed debate

public information

According to the Opinion of Judge F. Dennis Saylor of the FISA court, of Sept. 13, 2013 in response to a motion by the ACLU for release of certain opinions of the FISA court:

“The unauthorized disclosure in June 2013 [Edward Snowden disclosure] of a Section 215 order, and government statements in response to that disclosure, have engendered considerable public interest and debate about Section 215 of the Partiot Act. Publication of FISC opinions relating to this provision would contribute to an informed debate. Congressional amici emphasize the value public information and debate in representing their constituents and discharging their legislative responsibilities. Publication would also assure citizens of the integrity of this Court’s proceedings.

In addition, publication with only limited redactions may now be feasible, given the extent of the government’s recent public disclosures about how Section 215 is implemented. Indeed, the government advises that a declassification review process is already underway.  In view of these circumstances, and as an exercise of discretion, the Court has determinedthat it is appropriate to take steps toward publication of any Section 215 Opinions that are not subject to the ongoing FOIA litigation…”

Excerpt, See United States Foreign Intelligence Surveillance Court, In Re Orders of this Court Interpreting Section 215 of the Patriot Act, Docket No. Misc. 13-02

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