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Recommendation 5: Take Full Advantage of Existing Opportunities for
Outside Legal and Technical Input in FISC Matters
Status:
Implemented
Text of the Board’s Recommendation:
The FISC should take full advantage of existing authorities to obtain technical assistance
and expand opportunities for legal input from outside parties.
Explanation for the Recommendation:
FISC judges should take advantage of their ability to appoint Special Masters or other
technical experts to assist them in reviewing voluminous or technical materials, either in
connection with initial applications or in compliance reviews. In addition, the FISC and the
FISCR should develop procedures to facilitate amicus participation by third parties in cases
involving questions that are of broad public interest, where it is feasible to do so consistent
with national security.
Discussion of Status:
As described in connection with Recommendation 3 above, the FISC has obtained legal
input from outside experts pursuant to the USA FREEDOM Act. Further, based on
conversations with FISA court personnel, the Board understands that efforts are underway
for the court to designate one or more individuals to serve as amici who have technical
expertise, in addition to the already appointed panel of individuals with legal expertise.
Recommendation 6: Publicly Release New FISC and FISCR Decisions that
Involve Novel Legal, Technical, or Compliance Questions
Status:
Implemented
Text of the Board’s Recommendation:
To the maximum extent consistent with national security, the government should create
and release with minimal redactions declassified versions of new decisions, orders and
opinions by the FISC and FISCR in cases involving novel interpretations of FISA or other
significant questions of law, technology or compliance.
Explanation for the Recommendation:
FISC judges should continue their recent practice of drafting opinions in cases involving
novel issues and other significant decisions in the expectation that declassified versions
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