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> No court order is required for NSA to issue directives under FISA. As far as I can see (IANAL) most forms of FISA order do require a court order. FAA 702 ord

by leoc 13y ago

> No court order is required for NSA to issue directives under FISA. As far as I can see (IANAL) most forms of FISA order do require a court order. FAA 702 orders are issued by the government rather than the FISC court, but still have to be reviewed and approved by the FISC. It's just that the nature of the court's review affords no protection to non-resident aliens (except by chance). > For all intents and purposes USG never loses at FISC. Well, it has lost at least one signficant case at FISC, it's just not letting us see the ruling.

tptacek 13y ago
As I understand it: FAA 702 certifications require FISC approval, but 702 directives don't; there's a 1:many relationship between certifications and directives, and directives are what companies see.
- leoc 13y ago
  Yes, that seems to be the case.