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The Secret Court at the Heart of the NSA's PRISM Dispute

The NSA's PRISM program has taken the spotlight lately, and much of the discussion has focused on a special, secret court that empowered the NSA to collect raw electronic data pertaining to U.S. citizens from a variety of sources. So what exactly is this court, and how did it get the authority to allow the NSA to do this? The United States Foreign Intelligence Surveillance Court – or FISC – is a federal court established and authorized by the Foreign Intelligence Surveillance Act of 1978. The court's sole purpose is to oversee requests for surveillance warrants against suspected foreign intelligence agents inside the United States by federal law enforcement agencies.

The court was originally composed of seven federal district judges appointed by Chief Justice John Roberts. Each justice serves a seven-year term, with one judge being appointed each year. In 2001, the Patriot Act expanded the court from seven to eleven judges. The court is currently comprised of federal judges from the District of Columbia, New York, Oklahoma, Louisiana, Pennsylvania, Oregon, Massachusetts, Arkansas, and Illinois. No judge may be appointed to the FISC more than once.

Unlike a traditional court, the FISC only hears from one side – the government. A recent article by the New York Times notes the court's opinions are rarely made public. A separate Court of Review can hear appeals, but it has only occurred a handful of times in the court's history. No case has ever been appealed to the Supreme Court.

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Klemchuk LLP is an Intellectual Property (IP), Technology, Internet, and Business law firm located in Dallas, TX.  The firm offers comprehensive legal services including litigation and enforcement of all forms of IP as well as registration and licensing of patents, trademarks, trade dress, and copyrights.  The firm also provides a wide range of technology, Internet, e-commerce, and business services including business planning, formation, and financing, mergers and acquisitions, business litigation, data privacy, and domain name dispute resolution.  Additional information about the IP law firm and its IP law attorneys may be found at www.klemchuk.com.

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