Contents

• Relevant Statutes, Legislative History and FISA Court Rules
• Draft Bills and Analyses - 2007 - 2008
• Draft Bills - 2006
• CDT Analyses of Draft Bills - 2006
• Administration Materials on "TSP" - 2005 and 2006
• CDT Testimony and Congressional Hearings - 2006
• Legal Documents - 2006
• Legal Memoranda and Analyses - 2005 and 2006
• Statements - 2003, 2004, 2005, and 2006
• News Articles and Op-Eds - 2005 and 2006
• FISA 2001-2004
• Other

Relevant Statutes, Legislative History and FISA Court Rules

• Foreign Intelligence Surveillance Act of 1978 (prior to 2007 changes)
• FISA Amendments Act of 2008
• 2007 Amendment (superseded by 2008 changes)
• Legislative history of FISA
• Authorization for the Use of Military Force, S. J. Res. 23 (Sept. 18, 2001)
• Exclusivity provision of the criminal wiretap law 18 USC 2511(2)(f)
• Foreign Intelligence Surveillance Act (FISA) Court Rules: Effective February 17, 2006 [pdf]
• Full text of National Security Act of 1947
• USSID 18-- the FISA "minimization" procedures

Draft Bills and Analyses - 2007-2008

• Insider's Guide on FISA debate, January 22, 2008
• CDT Comparison Chart of FISA Legislation, December 4, 2007
• Report of House Judiciary Committee on H.R. 3773
• Report of House Intelligence Committee on H.R. 3773
• H.R. 3773, Reyes-Conyers, as introduced, October 9, 2007
• CDT Analysis of "Minimization" Rules
• CDT Testimony before the Senate Judiciary Committee on FISA and the Protect America Act, September 25, 2007
• CDT Testimony before the House Intelligence Committee on FISA and the Protect America Act, September 18, 2007
• CDT Analysis of S. 1927, the Bond-McConnell Act, August 3, 2007
• DNI Statement, August 2, 2007
• Reyes-Rockefeller Draft (never introduced), July 31, 2007 3:46 PM
• CDT Analysis of DNI Testimony, May 1, 2007
• CDT Testimony on FISA "Modernization," May 1, 2007
• CDT Analysis of Administration FISA "Modernization" proposal, April 18, 2007
• Administration FISA "Modernization" proposal, April 2007

Draft Bills - 2006

• Feinstein Bill, September 8, 2006 [pdf]
• Specter Substitute, July 24, 2006 [pdf]
• Wilson Bill, July 19, 2006 [pdf]
• Specter Bill: National Security Surveillance Act of 2006 [pdf] July 14, 2006
• Schumer Bill [pdf], March 29, 2006 (first page is blank)
• Schiff/Flake Bill: NSA Oversight Act, [pdf] March 16, 2006
• DeWine Bill: Terrorist Surveillance Act of 2006 [pdf] March 24, 2006
• Feingold Censure Resolution [pdf]
• Byrd Bill: Surveillance Activities Commission Act of 2006 [pdf] March 2, 2006

CDT Analyses of Draft Bills - 2006

• CDT Analysis of Specter-Feinstein Bill [pdf] July 27, 2006
• CDT Analysis of Wilson Bill [pdf] July 27, 2006
• CDT Analysis of "Specter substitute" dated 5/11, May 15, 2006 [pdf] May 15, 2006
• CDT Policy Post 12.08: Illegal NSA Data Mining Highlights Need for Congressional Oversight, May 11, 2006
• CDT Analysis: Dewine Bill [pdf] March 24, 2006
• CDT Analysis: Specter Bill [pdf] March 24, 2006

Administration Materials on "TSP" - 2005 and 2006

• Asst. Attorney General Moschella Responses to Questions from Democratic Senators [pdf], March 24, 2006
• Asst. Attorney General Moschella Responses to Feinstein Questions, Feb. 28, 2006 [pdf]
• Asst. Attorney General Moschella Responses to Feinstein Pre-hearing Questions, Feb. 28, 2006 [pdf]
• Attorney General Gonzales - Supplemental Responses to February 6 Questions[pdf] (Feb. 28, 2006)
• Memorandum from John Yoo, Deputy Asst Attorney General, Office of Legal Counsel, to Deputy Counsel to the President, Sept. 25, 2001
• Speech by President Bush, NSA, Jan. 25, 2006
• Attorney General Gonzalez's written answers to questions posed by Sen. Arlen Specter in advance of Feb 6 hearing, [pdf] February 3, 2006
• Speech by Attorney General Gonzales in defense of NSA program, Georgetown Law School, Jan. 24, 2006
• Speech by General Hayden in defense of NSA Program, National Press Club, Jan. 23, 2006
• Letter of Attorney General Gonzales [pdf], January 19, 2006
• DOJ memorandum, "Legal Authorities Supporting the Activities of the National Security Agency Described by the President," [pdf] January 19, 2006
• White House Statement: Setting the Record Straight: Critics Launch Attacks Against Program to Detect and Prevent Terrorist Attacks, January 4, 2006
• Letter of Assistant Attorney General William Moschella [pdf] December 22, 2005
• White House Press Briefing: Attorney General Alberto Gonzales and General Michael Hayden, Principal Deputy Director for National Intelligence, Dec. 19, 2005

Statements by Members of Congress and Congressional Hearings - 2006

• Testimony of Jim Dempsey before the Senate Judiciary Committee hearing on "FISA for the 21st Century" [pdf] July 26, 2006
• Testimony of Jim Dempsey before the House Intelligence Committee hearing on "Modernization of FISA" [pdf] July 18, 2006
• Testimony of the Center for National Security Studies before the House Intelligence Committee hearing on "Modernization of FISA" [pdf] July 18, 2006
• Statement of Senator Patrick Leahy at Senate Judiciary Committee Hearing, Mar. 28, 2006
• Testimony of Mort Halperin (Senior Fellow, Center for American Progress; Executive Director, Open Society Policy Center) before the Senate Judiciary Committee, Mar. 28, 2006
• Testimony of David Kris (Senior VP, Time Warner, Inc.; former Associate Deputy Attorney General) before the Senate Judiciary Committee, [pdf] Mar. 28, 2006
• Statement of Senate Minority Leader Harry Reid, Mar. 3, 2006
• Statement of Senator Russ Feingold on Senate Floor, Feb. 7, 2006
• Statement of Senate Judiciary Committee Ranking Member, Patrick Leahy, Feb. 6, 2006
• Testimony of Attorney General Gonzales Before the Senate Judiciary Committee, Feb. 6, 2006
• Transcript of Senate Judiciary Committee Hearing with Attorney General Gonzales, Feb. 6, 2006
• Statement of Senator Patrick Leahy on Resolution Underscoring Congress Did Not Authorize NSA Program, Jan. 20, 2006

Legal Documents - 2006

• EFF Lawsuit--AT&T Whistleblower's Statement, Apr. 7, 2006
• Al Haramain v. Bush [pdf], lawsuit filed in Portland, OR, February 28, 2006
• Amicus Brief of Constitution Project and CNSS (Foreign Intelligence Surveillance Court) [pdf] February 28, 2006
• EFF Complaint [pdf], Jan. 31, 2006
• Center for Constitutional Rights Complaint [pdf], Jan. 17. 2006
• ACLU Complaint [pdf], Jan. 17, 2006

Legal Memoranda and Analyses - 2005 and 2006

• Congressional Research Service, Terrorist Surveillance Act of 2006: S. 3931 and Title II of S. 3929, the Terrorist Tracking, Identification, and Prosecution Act of 2006 [pdf], September 25, 2006
• Congressional Research Service, Government Access to Phone Calling Activity and Related Records: Legal Authorities, May 17, 2006
• Analysis from Bryan Cunnignham, former CIA officer and Deputy Legal Counsel to the NSC [pdf], Feb 3, 2006
• Former Government Officials' and Law Professors' Reply to DOJ Memoranda [pdf], Feb. 2, 2006
• Center for American Progress Memo [pdf], Feb. 2, 2006
• Morton H. Halperin and Jerry Berman, “A Legal Analysis of the NSA Warrantless Surveillance Program,” [pdf] January 31, 2006
• Peter Swire, "Legal FAQs on NSA Wiretaps," January 26, 2006
• CRS report, "Probable Cause, Reasonable Suspicion, and Reasonableness Standards in the Context of the Fourth Amendment and the Foreign Intelligence Surveillance Act," [pdf] January 30, 2006
• CRS report, "Statutory Procedures Under Which Congress Is To Be Informed of U.S. Intelligence Activities, Including Covert Actions," [pdf] January 18, 2006
• CRS report, "Declarations of War and Authorizations for the Use of Military Force: Historical Background and Legal Implications," updated January 14, 2003
• Letter from Former Government Officials and Law Professors [pdf], January 9, 2006
• CRS report, "Presidential Authority to Conduct Warrantless Electronic Surveillance to Gather Foreign Intelligence Information," January 5, 2006
• Panel Discussion on NSA Program, sponsored by the Constitution Project, Jan. 5, 2006
• CRS report, "Authorization For Use Of Military Force in Response to the 9/11 Attacks (P.L. 107-40): Legislative History," January 4, 2006
• Kate Martin, President's Authorization of Domestic Spying Violates Specific Criminal Prohibition, Dec. 20, 2005

Letters - 2003-2006

• Statement of Former National Security Officials [pdf], Sept. 25, 2006
• Letter from Civil Liberties Groups on Oversight Jurisdiction to Sen. Leahy, June 7, 2006 [pdf]
• Letter from Senator Specter to Vice President Cheney, June 7, 2006 [pdf]
• Letter from President of American Bar Association to Chairman Specter and Senator Leahy, May 23, 2006 [pdf]
• Letter from FCC Chairman Martin to Cong. Markey, May 22, 2006 [pdf]
• Letter from Cong. Eshoo to Senators Roberts and Rockefeller on Gen. Hayden, May 22, 2006 [pdf]
• Letter from ABA President to Senators Specter and Leahy, May 9, 2006 [pdf]
• Letter from former FISC Judge James Robertson to Senator Arlen Spector [pdf] Mar. 23, 2006
• Letter from Senate Majority Leader Bill Frist to Senate Minority Leader Harry Reid, Mar. 3, 2006 [pdf]
• Sign-On Letter from Former Government Officials [pdf] Feb. 8, 2006
• Letter from House Judiciary Committee Chairman James Sensenbrenner to Attorney General Gonzales [pdf], Feb. 8, 2006
• Letter from Sen. Roberts, chair of Senate Intelligence Committee [pdf], February 3, 2006
• Letter from Senator Feinstein to Attorney General Gonzales, Jan. 30, 2006 [pdf]
• Letter to Reps. Sensenbrenner and Conyers from Coalition [pdf], Jan. 30, 2006
• Letter to Sens. Specter and Leahy from Coalition [pdf], Jan. 30, 2006
• Letter from Senator Feingold to Attorney General Gonzales [pdf], Jan. 30, 2006
• Letter from Senators to the President [pdf], Jan. 25, 2006
• Letter from Sen. Specter to Attorney General Gonzales re NSA Surveillance Hearing [pdf] January 24, 2006
• Letter of Rep. Jane Harman (D-CA, 36), Jan. 4, 2006
• Senator Russ Feingold, Letter to the Editor of the Wall Street Journal, Dec. 29. 2005 [pdf]
• ACLU Letter to Attorney General Calling for Appointment of Special Counsel [pdf] Dec. 21, 2005
• Letter of Senator John Rockefeller [pdf] July 17, 2003

News Articles and Op-Eds - 2005 and 2006

• Mark Sherman, Gonzales: Bush Blocked Eavesdropping Probe, AP, July 18, 2006
• Susan Page, "Poll: 51% Oppose NSA Database," USA Today, May 14, 2006
• Barton Gellman and Arshad Mohammed, Data On Phone Calls Monitored, Washington Post, May 12, 2006
• Leslie Cauley, NSA Has Massive Database Of Americans' Phone Calls, USA Today, May 11, 2006
• Dan Eggen, "Warrantless Wiretaps Possible In U.S.," Washington Post, April 7, 2006
• "Gonzales Draws Criticism From Panel Chief," AP, April 6, 2006
• Katherine Shrader, Specter Takes Senate Lead on Eavesdropping, Washington Post, Mar. 23, 2006
• Carol Leonnig and Mary Beth Sheridan, Saudi Group Alleges Wiretapping by U.S., Washington Post, Mar. 2, 2006
• Charles Babington and Dan Eggen, Gonzales Seeks to Clarify Testimony on Spying, Washington Post (Mar. 1, 2006)
• Reuters, NY Times Sues Pentagon Over Domestic Spying (Feb. 27, 2006)
• Charles Babington, Specter Proposes NSA Surveillance Rules, Washington Post (Feb. 26, 2006)
• John Markoff, Taking Spying to a Higher Level, Agencies Look for More Ways to Mine Data, New York Times (Feb. 25, 2006)
• Shane Harris, TIA Lives On, National Journal (Feb. 23, 2006)
• AP, Senator Wants Court to Oversee Spy Program (Feb. 18, 2006)
• Greg Miller and Maura Reynolds, Spying Inquiry Blocked by GOP, L.A. Times (Feb. 17, 2006)
• Charles Babington and Carol Leonnig, Senate Rejects Wiretapping Probe, Washington Post (Feb. 17, 2006)
• U.S. Must Release Domestic Spying Documents, Reuters, Feb. 16, 2006
• Dan Eggen, Justice Dept. Role In Eavesdropping Decision Under Review, Washington Post, Feb. 15, 2006
• Anna Johnson, Lawyers Group Says Bush Exceeds His Powers, AP, Feb. 13, 2006
• Carol Leonnig, Secret Court's Judges Were Warned About NSA Spy Data, Washington Post, Feb. 9. 2006
• Eric Lichtblau, Republican Who Oversees NSA Calls For Wiretap Inquiry, Feb. 7, 2006
• Hope Yen, Specter Criticizes Rationale for Spying, AP, Feb. 6, 2006
• Leslie Cauley and John Diamond, Telecoms Let NSA Spy On Calls, USA Today, Feb. 5, 2006
• Barton Gellman, Dafna Linzer and Carol Leonnig, Surveillance Net Yields Few Suspects, Washington Post, Feb. 5, 2006
• Jerry Markon, Spying Cited In Bid To Erase Terror Plea, Washington Post, Feb. 4, 2006
• Carol Leonnig, Gonzales Is Challenged On Wiretaps, Washington Post, Jan. 31, 2006
• Dan Eggen, 2003 Draft Legislation Covered Eavesdropping, Jan. 28, 2006
• Dan Eggen, White House Dismissed '02 Surveillance Proposal, Washington Post, Jan. 26, 2006
• Brian Ross, NSA Whistleblower Alleges Illegal Spying, ABC News, Jan. 10, 2006
• Bob Barr, Presidential Snooping Damages the Nation, TIME, Jan. 9, 2006 [pdf]
• Dafna Linzer, Secret Surveillance May Have Occurred Before Authorization, Washington Post, Jan. 4, 2006
• Bruce Fein, If Men Were Angels, The Washington Times, Jan. 4, 2006
• Eric Lichtblau and James Risen, Justice Deputy Resisted Parts of Spy Program, N.Y. TIMES, Jan. 1, 2006
• Senator Joe Biden, No President Is Above Our Constitution, Miami Herald, Jan. 1, 2006
• Eric Lichtblau and James Risen, Defense Lawyers in Terror Cases Plan Challenges, N.Y. TIMES, Dec. 28, 2005
• Bill Delahunt and Mark Agrast, Domestic spying must follow law; Bush chose to bypass procedures, [pdf] The Boston Herald, December 26, 2005
• Suzanne Spaulding, Power Play, Wash. Post, Dec. 25, 2005, at B01.
• Eric Lichtblau and James Risen, Spy Agency Mined Vast Data Trove, Officials Report, N.Y. TIMES, Dec. 24, 2005
• Tom Daschle, Power We Didn't Grant, Wash. Post, Dec. 23, 2005, at A21
• Richard Posner, Our Domestic Intelligence Crisis, Washington Post, Dec. 21, 2005
• George Will, Why Didn't He Ask Congress?, Wash. Post, Dec. 20, 2005
• James Risen and Eric Lichtblau, Bush Lets U.S. Spy on Callers Without Courts, N.Y. TIMES, Dec. 16, 2005, at 1, 22 [available with subscription] or at Bush Lets U.S. Spy on Callers Without Courts

FISA 2001-2004

• "Intelligence Reform and Terrorism Prevention Act of 2004: 'Lone Wolf' Amendment to the Foreign Intelligence Surveillance Act," [pdf] December 29, 2004
• Congressional Research Service, "The Foreign Intelligence Surveillance Act: An Overview of the Statutory Framework and Recent Judicial Decisions," [pdf] updated September 22, 2004
• Congressional Research Service, "Proposed Change to the Foreign Intelligence Surveillance Act (FISA) under S. 113," [pdf] May 19, 2003
• Article by FBI special agent Michael J. Bulzomi, in the FBI Law Enforcement Bulletin - overview of FISA "before and after the USA Patriot Act," June 2003
• Legal memorandum in lawsuit by EPIC and the ACLU seeking documents regarding implementation of PATRIOT Act surveillance authorities, [pdf] March 21, 2003
• DOJ affidavit opposing any disclosure of information in EPIC/ACLU FOIA Case, [pdf] January 24, 2003
• Other documents related to the EPIC/ACLU FOIA case
• FISA Implementation Failures Report from Senators Leahy, Grassley and Specter [pdf], February 2003
• Appeals Court opinion approving broader FISA use [pdf], Nov. 18, 2002
• FOIA lawsuit seeking info about implementation of the PATRIOT Act, [pdf] Oct. 24, 2002
• FBI memos outlining mistakes in carrying out surveillance, [pdf] written Apr. 2000, released Oct. 2002
• Justice Department supplemental brief on FISA, Sept. 25, 2002
• CDT, Other Privacy Groups Challenge Government Grab for Broad Wiretap Powers under FISA
  • Brief, [pdf] September 19, 2002
  • Appendix: Chart showing the difference between criminal standards and FISA, [pdf] September 19, 2002
  • Motion for Leave to File the Brief, [pdf] September 19, 2002
• Senate Judiciary Committee hearing, "The USA PATRIOT Act in Practice: Shedding Light on the FISA Process," Sept. 10, 2002
• Transcript of the hearing before the Foreign Intelligence Surveillance Court of Review (FISCR), September 9, 2002
• Justice Department appeal brief on FISA ("redacted") Aug. 21, 2002
• Senate Intelligence Committee hearing on FISA amendments, July 31, 2002
• Memorandum Opinion and Order of the FISA Court, May 2002
• "Homeland Security Information Sharing Act" (H.R. 3825) introduced by Reps. Saxby Chambliss (R-GA) and Jane Harman (D-CA).
• EPIC report, "Paying for Big Brother: A Review of the Proposed FY2003 Budget for the Department of Justice," [pdf] Feb. 2002
• Testimony of Attorney General Ashcroft before the Senate Appropriations Committee, Feb. 26, 2002
• Department of Justice Budget Information
• Attorney General's Strategic Plan: Attorney General Priorities, summarized by the New York Times [pdf] Feb. 27, 2002 Nerw York Times report (registration required)
• DOJ Proposed Additional FISA Surveillance Expansions, Nov. 2001
• CDT Analysis of DOJ Proposed Additional FISA Surveillance Expansions, Nov. 30, 2001

Other

• National Security Agency internal messages about the domestic surveillance program [pdf]
• American Bar Association (ABA) Public Opinion Poll, Feb. 10, 2006
• Bill of Rights Defense Committee, "Myths"
• Bill of Rights Defense Committee, Questions AG Gonzales refused to answer at Senate Judiciary Committee hearing
• Sen. DeWine - Proposed Amendment to FISA [pdf], 2002
• Gary Bass, OMB Watch, Statement on Bush's Unauthorized Domestic Spying, December 20, 2005
• NSA Transition 2001 [pdf] December 2000

FISA - 2001-2004

• "Intelligence Reform and Terrorism Prevention Act of 2004: 'Lone Wolf' Amendment to the Foreign Intelligence Surveillance Act," [pdf] December 29, 2004
  
• Congressional Research Service, "The Foreign Intelligence Surveillance Act: An Overview of the Statutory Framework and Recent Judicial Decisions," [pdf] updated September 22, 2004
  
• Congressional Research Service, "Proposed Change to the Foreign Intelligence Surveillance Act (FISA) under S. 113," [pdf] May 19, 2003
  
• Article by FBI special agent Michael J. Bulzomi, in the FBI Law Enforcement Bulletin - overview of FISA "before and after the USA Patriot Act," June 2003
  
• Legal memorandum in lawsuit by EPIC and the ACLU seeking documents regarding implementation of PATRIOT Act surveillance authorities, [pdf] March 21, 2003
  
• DOJ affidavit opposing any disclosure of information in EPIC/ACLU FOIA Case, [pdf] January 24, 2003
  
• Other documents related to the EPIC/ACLU FOIA case
  
• FISA Implementation Failures Report from Senators Leahy, Grassley and Specter [pdf], February 2003
  
• Appeals Court opinion approving broader FISA use [pdf], Nov. 18, 2002
  
• FOIA lawsuit seeking info about implementation of the PATRIOT Act, [pdf] Oct. 24, 2002
  
• FBI memos outlining mistakes in carrying out surveillance, [pdf] written Apr. 2000, released Oct. 2002
  
• Justice Department supplemental brief on FISA, Sept. 25, 2002
  
• CDT, Other Privacy Groups Challenge Government Grab for Broad Wiretap Powers under FISA
  • Brief, [pdf] September 19, 2002
  • Appendix: Chart showing the difference between criminal standards and FISA, [pdf] September 19, 2002
  • Motion for Leave to File the Brief, [pdf] September 19, 2002
  
  
• Senate Judiciary Committee hearing, "The USA PATRIOT Act in Practice: Shedding Light on the FISA Process," Sept. 10, 2002
  
• Transcript of the hearing before the Foreign Intelligence Surveillance Court of Review (FISCR), September 9, 2002
  
• Justice Department appeal brief on FISA ("redacted") Aug. 21, 2002
  
• Senate Intelligence Committee hearing on FISA amendments, July 31, 2002
  
• Memorandum Opinion and Order of the FISA Court, May 2002
  
• "Homeland Security Information Sharing Act" (H.R. 3825) introduced by Reps. Saxby Chambliss (R-GA) and Jane Harman (D-CA).
  
• EPIC report, "Paying for Big Brother: A Review of the Proposed FY2003 Budget for the Department of Justice," [pdf] Feb. 2002
  
• Testimony of Attorney General Ashcroft before the Senate Appropriations Committee, Feb. 26, 2002
  
• Department of Justice Budget Information
  
• Attorney General's Strategic Plan: Attorney General Priorities, summarized by the New York Times [pdf] Feb. 27, 2002 Nerw York Times report (registration required)
  
• DOJ Proposed Additional FISA Surveillance Expansions, Nov. 2001
  
• CDT Analysis of DOJ Proposed Additional FISA Surveillance Expansions, Nov. 30, 2001