The Foreign Intelligence Surveillance Act of 1978 (FISA)

Carol Kennard filed this request with the Department of Justice, National Security Division of the United States of America.
Status
Awaiting Acknowledgement

Communications

From: Carol Kennard

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records pertaining to myself Carol Lyn Kennard:

Title I of the Foreign
Intelligence Surveillance Act (FISA), codified as amended at 50 U.S.C. §§ 1801-1813

The electronic surveillance application made by a Federal officer in writing upon oath or affirmation." § 1804(a). When it is the FBI that seeks to conduct the surveillance, the Federal officer who makes the application is an FBI agent, who swears to the facts in the application.

The FISC judge who approved the required probable cause determination "on the basis of
the facts submitted by the applicant.

I understand when deciding whether to grant such an application, a FISC judge must determine, among other things, whether it provides probable cause to believe that the proposed surveillance target is a "foreign power" or an "agent of a foreign power.

Any information the FISC· judge "may have required the applicant to furnish such other information as may be necessary to make the determinations required by" Section 1805. The applicant agency that possesses information relevant to the probable cause determination, as well as the means to potentially acquire additional information.

A finding of probable cause to believe that U.S. citizen Carol Lyn Kennard is an agent of a foreign power. Notwithstanding that the FISC assesses probable cause based on information provided by the applicant.

Provide all information of the external check on executive branch decisions to conduct surveillance" in order ''to protect the fourth amendment rights of Carol Lyn Kennard U.S. citizen.

The FISC's assessment of probable cause only if the applicant agency fully and accurately provides information in its possession that is material to whether probable cause exists.

I understand "the government has a heightened duty of candor to the [FISC] in ex parte proceedings, that is, ones in which the government does not face an adverse party, such as proceedings on electronic surveillance applications. I understand the FISC "expects the government to comply with its heightened duty of candor in ex parte proceedings at all times. Candor is fundamental to U.S. citizens.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request as soon as possible.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Carol Kennard

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