2nd Circuit Upholds FISA in Appeal by Sailor Who Leaked Classified Information
A federal appeals court has upheld the law that creates a special court to consider wiretap applications in foreign intelligence cases.
The 2nd U.S. Circuit Court of Appeals upheld the law in an appeal by a sailor convicted of leaking details of ship movements to a website operator that supported attacks on Americans, the Associated Press reports.
The sailor had changed his name to Hassan Abu-Jihaad; the surname translates to the “Father of Jihad,” according to the appeals court opinion (PDF). “This curious choice appears not to have raised any concern in the United States Navy,” which cleared Abu-Jihaad to receive classified information, the court said.
Abu-Jihaad had challenged the FISA law as amended, which allowed the FISA court to issue warrants if foreign intelligence was a “significant purpose” of the requested surveillance, rather than a “primary purpose.” The court upheld the change, and said the law was properly applied in Abu-Jihaad’s case.
The court noted that this was not a case involving a warrantless search. In Abu-Jihaad’s case, recorded evidence was obtained pursuant to court orders obtained under the FISA law.
