DOJ Can't Keep Spying Ruling Secret If Court Orders Release

Law360, Los Angeles (June 12, 2013, 10:41 PM EDT) -- A U.S. Foreign Intelligence Surveillance Court judge ruled Wednesday that the federal government couldn't keep withholding a sealed opinion finding some of its surveillance of foreign communications to be unconstitutional if a district court decides that the Freedom of Information Act allows for its release.

The U.S. Department of Justice has urged the continued secrecy of a 2011 ruling from the tribunal court that concluded that the National Security Agency's implementation of certain surveillance powers under the Foreign Intelligence Surveillance Act violated the Fourth Amendment on...
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