In re Directives Pursuant to Section 105B of the Foreign Intelligence Surveillance Act

551 F.3d 1004 (2008)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
I
From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

In re Directives Pursuant to Section 105B of the Foreign Intelligence Surveillance Act

Foreign Intelligence Surveillance Court of Review
551 F.3d 1004 (2008)

Facts

The Protect America Act (PAA), 50 U.S.C. §§ 1805a-c, a temporary set of amendments to the Foreign Intelligence Surveillance Act (FISA), 50 U.S.C. § 1801, authorized the Director of National Intelligence (DNI) and U.S. Attorney General (AG) to instruct communications service providers to assist in carrying out warrantless searches, for periods of up to one year, in order to gather foreign intelligence from subjects who were foreign agents the government reasonably believed to be outside the United States. In 2007, the government issued directives ordering a service provider (plaintiff) to aid in warrantless surveillance of specified customers. The provider did not comply with the government’s orders and instead challenged the government’s authority to issue the directives before the Foreign Intelligence Surveillance Court (FISC). The FISC concluded that the directives were valid and compelled the provider to comply. The communications provider petitioned for review, arguing that the government must follow Fourth Amendment warrant requirements in issuing directives, or in the alternative, even if a foreign intelligence exception to the warrant requirement exists, the surveillances still violated the Fourth Amendment, because they were unreasonable.

Rule of Law

Issue

Holding and Reasoning (Selya, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 804,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 804,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 804,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

National Security

Key Terms