FAS

Two New Judges Appointed to Intelligence Court

05.27.11 | 2 min read | Text by Steven Aftergood

The Chief Justice of the U.S. Supreme Court has named two new federal district court judges to the Foreign Intelligence Surveillance Court to replace two others whose term had expired.  The FIS Court is responsible for reviewing government applications for electronic surveillance and physical search under the Foreign Intelligence Surveillance Act.

The new appointments are Judge Jennifer B. Coffman of the Eastern District of Kentucky, and Judge F. Dennis Saylor of the District of Massachusetts.

Both judges were appointed for a seven year term effective May 19, 2011, said Sheldon L. Snook, Esq., the Administrative Assistant to the Chief Judge of the US District Court for the District of Columbia.

They replace outgoing FIS Court members Judge Dee Benson and Judge Frederick J. Scullin, Jr. whose term on the Court ended May 18.

“At least one of these [FIS Court] judges is available at all times–24 hours a day, 7 days a week, 365 days a year–for the purpose of reviewing government applications to use FISA authorities and, if those applications are sufficient, approving them by issuing an order,” said Sen. Dianne Feinstein this week.

“During calendar year 2010, the Government made 1,579 applications to the Foreign Intelligence Surveillance Court for authority to conduct electronic surveillance and/or physical searches for foreign intelligence purposes,” according to the latest Justice Department report to Congress on implementation of the FISA.

The jurisdiction of the FIS Court has also been modified by statute in recent years.  “The FISA Amendments Act, adopted in July 2008, made it so that FISA orders for surveillance in the U.S. of targets reasonably believed to be abroad no longer have to be obtained,” observed Greg Nojeim of the Center for Democracy and Technology.  “As a result, a significant amount of surveillance that used to be reflected in the FISA court order numbers isn’t reflected in them any more.”

publications
See all publications
Emerging Technology
Report
SOURCE CODE: A Policy Agenda for Fostering Trust and Fairness in AI

These ideas aim to advance the detailed policy solutions needed to foster public trust and implement fairness in the adoption of AI across diverse domains, from healthcare and government benefits to rural access, education, and worker protections.

06.11.26 | 17 min read
read more
Emerging Technology
day one project
Policy Memo
Move Algorithmic-Driven Pay and Scheduling Systems From Surveillance Pay to Fair Wages

The evidence is clear: algorithmic pay-setting is established in app-based work, and payroll/timekeeping failures show how software can produce systemic wage harm at scale

06.11.26 | 15 min read
read more
Emerging Technology
day one project
Policy Memo
How State Leaders Can Put People First in AI Decision-Making

While a few states have taken steps to implement decision-making mechanisms for certain AI systems, too many leaders are simply accepting narratives about AI’s purported public benefit at face value – jumping to the “how” of AI implementation before thoroughly vetting potential systems and deciding whether they are appropriate to use at all.

06.11.26 | 17 min read
read more
Emerging Technology
day one project
Policy Memo
Empowering Communities through Community Benefit Agreements in AI-Fueled Data Center Development

When properly structured — with specific numeric targets, secured financial obligations, independent monitoring, and meaningful enforcement — CBAs transform data center deals into durable community partnerships.

06.10.26 | 16 min read
read more