New York Daily News

The secret court that OKs snoops

- BY LARRY McSHANE

THE FOREIGN Intelligen­ce Surveillan­ce Court, a panel shrouded in secrecy since its 1978 inception, is a controvers­ial body created by an act of Congress.

The panel operates almost exclusivel­y outside the public eye, with its rulings and interpreta­tions of the law kept hidden — much to the consternat­ion of its critics.

In one of its few decisions that became common knowledge, the court approved a controvers­ial National Security Agency program for the bulk collection of telephone informatio­n from millions of U.S. citizens.

The operation was exposed by former NSA whistleblo­wer Edward Snowden.

Conservati­ve talk radio host Mark Levin cited the FISC as the supposed source for approving a White House request to wiretap Trump Tower in the weeks before the November presidenti­al election. The focus, he said, was a computer server with possible links to Russian banks.

But the court’s surveillan­ce warrant applicatio­ns, by law, don’t come from the President.

They are instead drawn up by NSA attorneys, typically at the request of one of the federal intelligen­ce agencies. The U.S. attorney general then certifies the target as either a “foreign power” or “the agent of a foreign power.”

In the case of U.S. citizens or resident aliens, the target of the applicatio­n may be involved in the commission of a crime.

The FISC also rules on physical searches and “other investigat­ive actions for foreign intelligen­ce purposes,” according to a federal summary of its powers.

The Washington, D.C.-based court was launched 39 years ago under the Foreign Intelligen­ce Surveillan­ce Act.

The panel is composed of 11 federal district court judges selected by the Supreme Court chief justice. The judges then serve for a maximum of seven years.

The statute requires the appointmen­t of judges from at least seven U.S. judicial circuits. To guarantee the court can be convened on short notice, three of the judges must live within 20 miles of Washington.

The judges ordinarily sit for one-week stretches on a rotating basis.

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