fisc 105 b g us supp response to 23dec2014 order

3
.U.S. ff1 nHEl. 1 -' •• -- ,,-., SURV,... .. 1 - •• : (> UNITED STATES . 10\5 JAH 30 \Q: \ 8 FOREIGN INTELLIGENCE SURVEILLANCE HALL - CLERK o.- COURT WASHINGTON, D.C. IN RE: DIRECTIVES PURSUANT TO SECTION ) 105B OF THE FOREIGN INTELLIGENCE ) Docket No. 105B(g) 07-01 SURVEILLANCE ACT ) ) THE UNITED STATES' SUPPLEMENTAL RESPONSE TO THE COURT'S DECEMBER 23, 2014 ORDER On November 5, 2014, the Court issued an order lifting the suspension of its review of redactions proposed by the Government to documents filed in the above-captioned matter. This order, in conjunction with a subsequent order issued December 23, 2014, further directed the Government to propose a timetable for submitting its proposed redactions to documents listed in Appendix A (to the Government's July 29, 2013 submission in this matter) that not previously been provided to the Court. In submissions to the Court on December 12, 2014, and January 7, 2015, the Government committed to providing the Court with these proposed redactions by January 30, 2015. In accordance with the aforementioned orders by this Court and representations by the Government, the Government hereby encloses its proposed redactions to the documents identified in Revised Appendix A, which was submitted to the Court as Exhibit 2 to the Government's December 12, 2014 filing. The documents identified in Revised Appendix A comprise all the documents from the original Appendix A that were not previously part of the declassification review recently conducted in the Foreign Intelligence Surveillance Court of Review (FISCR).

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Page 1: Fisc 105 b g us supp response to 23dec2014 order

.U.S. ff1 }~·t_ nHEl.1

-' •• -- ,,-.,

SURV,... .. 1- • • : (>

UNITED STATES . 10\5 JAH 30 ~H \Q: \ 8

FOREIGN INTELLIGENCE SURVEILLANCE cou~~EAN~·t·fL:ft!H HALL - CLERK o.- COURT

WASHINGTON, D.C.

IN RE: DIRECTIVES PURSUANT TO SECTION ) 105B OF THE FOREIGN INTELLIGENCE ) Docket No. 105B(g) 07-01 SURVEILLANCE ACT ) ~~~~~~~~~~~~~~~~- )

THE UNITED STATES' SUPPLEMENTAL RESPONSE TO THE COURT'S DECEMBER 23, 2014 ORDER

On November 5, 2014, the Court issued an order lifting the suspension of its review of

redactions proposed by the Government to documents filed in the above-captioned matter. This

order, in conjunction with a subsequent order issued December 23, 2014, further directed the

Government to propose a timetable for submitting its proposed redactions to documents listed in

Appendix A (to the Government's July 29, 2013 submission in this matter) that ~ad not

previously been provided to the Court.

In submissions to the Court on December 12, 2014, and January 7, 2015, the Government

committed to providing the Court with these proposed redactions by January 30, 2015. In

accordance with the aforementioned orders by this Court and representations by the Government,

the Government hereby encloses its proposed redactions to the documents identified in Revised

Appendix A, which was submitted to the Court as Exhibit 2 to the Government's December 12,

2014 filing. The documents identified in Revised Appendix A comprise all the documents from

the original Appendix A that were not previously part of the declassification review recently

conducted in the Foreign Intelligence Surveillance Court of Review (FISCR).

Page 2: Fisc 105 b g us supp response to 23dec2014 order

The Government notes that one document listed in Group B of Revised Appendix A -

identified as a Government Brief filed on March I 9, 2008 - is a previously redacted version of

the Government Brief filed in this Court without redactions on March 7, 2008. The Government

has accordingly reviewed only the March 7, 2008 version of this document (also listed in Group

B) as part of the current review. The Government further notes that it made certain minor

adjustments to the redactions in the Group B documents to ensure consistency with the proposed

redactions to the documents in Group C. Most of these changes altered redactions to the names

of Court personnel, Government lawyers, and Litigation Security Officers. Additionally, one

redaction was added and one redaction was removed in a footnote on FSC 024, at Tab 4, to

ensure consistency with redactions to similar language on FSC I 71, at Tab 26.

January 30, 20 I 4 Respectfully submitted,

JOHN P. CARLIN Assistant Attorney General

for National Security

STUART J. EV ANS Deputy Assistant Attorney General National Security Division

Isl Jonathan Fischbach GABRIEL SANZ-REXACH JONA THAN FISCHBACH U.S. Department of Justice National Security Division 950 Pennsylvania Ave., N.W. Washington, D.C. 20530 Phone: (202) 5 I 4-5600 Fax: (202) 514-8053

Attorneys for the United States of America

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Page 3: Fisc 105 b g us supp response to 23dec2014 order

CERTIFICATE OF SERVICE

I hereby certify that a true copy of the United States' Supplemental Response to the

Court's December 23, 2014 Order, but not the enclosed documents, was served via electronic

mail on this 30th day of January, 2015, addressed to:

Marc J. Zwillinger Jacob A. Sommer [email protected]) ZwillGen PLLC 1900 M Street, NW, Suite 250 Washington, DC 20036 (202) 706-5213

Isl Jonathan Fischbach Jonathan Fischbach