U.S. Department of Justice
Civil Division
Federal Programs Branch
Mailing Address
Overnight Delivery Address
P.O. Box 883
20 Massachusetts Ave., N.W.
Washington, D.C. 20001 Washington, D.C. 20001
Rodney Patton
Senior Trial Counsel

Tel: (202) 305-7919
Fax: (202) 305-2685
Rodney.Patton@usdoj.gov

January 30, 2018
Aaron Mackey
ELECTRONIC FRONTIER FOUNDATION
815 Eddy Street
San Francisco, CA 94109
VIA E-MAIL
RE:

EFF v. DOJ, civil action no. 16-cv-02041 (HSG)

Dear Aaron:
This letter and the accompanying documents constitute Defendant’s third and final
production in response to EFF’s narrowed Freedom of Information Act request as set forth in the
parties’ Joint Status Report, dated December 15, 2016 (ECF No. 41). The narrowed request seeks
all decisions, orders, or opinions of the FISC or the FISC-R submitted to Congress by the
Attorney General pursuant to Section 6002 of the Intelligence Reform and Terrorism Prevention
Act of 2004 (50 U.S.C. section 1871(a)(5)); 50 U.S.C. sections 1871(c)(1) & (2); and 50 U.S.C.
section 1881f(b)(1)(D) between July 1, 2003 and June 1, 2015, which have not been previously
declassified and made public (to include those decisions, orders, or opinions previously
identified by the Department of Justice to the Brennan Center,
https://www.brennancenter.org/sites/default/files/publications/The_New_Era_of_Secret
_Law.pdf), that remain classified.
This letter and the accompanying production address 39 documents, 13 of which are being
released in part and 26 are being withheld in full as set forth below.
The thirteen documents accompanying this letter address Titles I and III of the Foreign
Intelligence Surveillance Act and are responsive to the narrowed request set forth above. All nonexempt portions of these FISC opinions, decisions, or orders have been produced. The released
documents are Bates stamped EFF v. DOJ, 16-cv-02041 Document 1 through Document 13. Any
FOIA-exempt material has been redacted with a notation stating the applicable exemptions on which
each such redaction is based.
Defendant has also withheld in full 26 responsive documents pursuant to the following FOIA
exemptions:

 Document 1:
Document 2:
Document 3:
Document 4:
Document 5:
Document 6:
Document 7:
Document 8:
Document 9:
Document 10:
Document 11:
Document 12:
Document 13:
Document 14:
Document 15:
Document 16:
Document 17:
Document 18:
Document 19:
Document 20:
Document 21:
Document 22:
Document 23:
Document 24:
Document 25:
Document 26:

(b)(1), (b)(3), (b)(6), (b)(7)(A), (b)(7)(C), (b)(7)(E)
(b)(1), (b)(3), (b)(6), (b)(7)(A), (b)(7)(C), (b)(7)(E)
(b)(1), (b)(3), (b)(6), (b)(7)(C), (b)(7)(E)
(b)(1), (b)(3), (b)(6), (b)(7)(C), (b)(7)(E)
(b)(1), (b)(3), (b)(6), (b)(7)(A), (b)(7)(C), (b)(7)(E)
(b)(1), (b)(3), (b)(6), (b)(7)(A), (b)(7)(C), (b)(7)(E)
(b)(1), (b)(3), (b)(6), (b)(7)(C), (b)(7)(E)
(b)(1), (b)(3), (b)(6), (b)(7)(A), (b)(7)(C), (b)(7)(E)
(b)(1), (b)(3), (b)(6), (b)(7)(A), (b)(7)(C), (b)(7)(E)
(b)(1), (b)(3), (b)(6), (b)(7)(A), (b)(7)(C), (b)(7)(E)
(b)(1), (b)(3), (b)(6), (b)(7)(C), (b)(7)(E)
(b)(1), (b)(3), (b)(6), (b)(7)(A), (b)(7)(C), (b)(7)(E)
(b)(1), (b)(3), (b)(6), (b)(7)(A), (b)(7)(C), (b)(7)(E)
(b)(1), (b)(3), (b)(6), (b)(7)(A), (b)(7)(C), (b)(7)(E)
(b)(1), (b)(3), (b)(6), (b)(7)(C), (b)(7)(E)
(b)(1), (b)(3), (b)(6), (b)(7)(A), (b)(7)(C), (b)(7)(E)
(b)(1), (b)(3), (b)(6), (b)(7)(A), (b)(7)(C), (b)(7)(E)
(b)(1), (b)(3), (b)(6), (b)(7)(A), (b)(7)(C), (b)(7)(E)
(b)(1), (b)(3), (b)(6), (b)(7)(A), (b)(7)(C), (b)(7)(E)
(b)(1), (b)(3), (b)(6), (b)(7)(A), (b)(7)(C), (b)(7)(E)
(b)(1), (b)(3), (b)(6), (b)(7)(A), (b)(7)(C), (b)(7)(E)
(b)(1), (b)(3), (b)(6), (b)(7)(A), (b)(7)(C), (b)(7)(E)
(b)(1), (b)(3), (b)(6), (b)(7)(A), (b)(7)(C), (b)(7)(E)
(b)(1), (b)(3), (b)(6), (b)(7)(A), (b)(7)(C), (b)(7)(E)
(b)(1), (b)(3), (b)(6), (b)(7)(A), (b)(7)(C), (b)(7)(E)
(b)(1), (b)(3), (b)(6), (b)(7)(A), (b)(7)(C), (b)(7)(E)

As you know, the Court has ordered that we submit a joint status report on February 16
proposing a briefing schedule in this case. Once you have had an opportunity to review the enclosed
documents, we should set up a time to discuss that issue.

Sincerely,
/s/ Rodney Patton
Rodney Patton
Senior Trial Counsel
Enclosures

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