ODNI Releases January 2025 FISC Opinion on FISA Title I

ODNI Releases January 2025 FISC Opinion on FISA Title I

FOR IMMEDIATE RELEASE
ODNI News Release No. 14-25
July 11, 2025

 

ODNI Releases January 2025 FISC Opinion on FISA Title I

WASHINGTON, D.C. – Today, the Office of the Director of National Intelligence (ODNI), in consultation with the Department of Justice (DOJ), publicly released a January 2025 Foreign Intelligence Surveillance Court (FISC) opinion with redactions. In the opinion, the FISC denied the proposed use of the surveillance technique sought by the U.S. government because the FISC found that the proposed use did not meet the requirements of the FISA statute.

Title I of the Foreign Intelligence Surveillance Act of 1978 (FISA) requires that, prior to issuing an order authorizing electronic surveillance, the FISC must determine, among other things, that there is probable cause to believe (A) that the target of the collection is a foreign power or agent of a foreign power, and (B) that “each of the facilities or places at which the electronic surveillance is to be directed is being used, or is about to be used, by a foreign power or agent of a foreign power.” 50 U.S.C. 1805(a)(2).

This FISC opinion addressed novel or significant interpretations of law in the context of a classified surveillance technique where the Federal Bureau of Investigation (FBI) sought authorization to conduct electronic surveillance pursuant to Title I. To address the novel or significant issues of law, the FISC appointed an amicus curiae. In the opinion, the FISC denied the Government’s application for failure to establish probable cause to believe that “each of the facilities or places at which the electronic surveillance is directed is being used, or is about to be used, by a foreign power or an agent of a foreign power.” See Opinion at 1.

Because the opinion contained a significant or novel construction of law, the Department of Justice produced a classified version of this opinion to the appropriate congressional committees within 45 days of its issuance. See 50 U.S.C. 1871(c).

Consistent with Executive Order 13526, when developing the redacted copy of the FISC opinion, ODNI consulted with DOJ, the National Security Agency, the Central Intelligence Agency, and FBI to identify what information must remain redacted because it will cause exceptionally grave or serious damage to national security. This review was also conducted to ensure that information is not redacted to conceal violations of law, inefficiency, or administrative error or to prevent embarrassment to a person, organization or agency.

The redacted information in the opinion has been redacted because releasing it would reveal sources and methods, which could cause exceptionally grave or serious damage to national security. Revealing such information would provide means for adversaries to change their behaviors and avoid detection; many of the redactions relate to detailed factual descriptions of specific targets, techniques, and technology. While the specific sensitive facts must remain classified, the legal analysis leading to the Court’s finding is unclassified and being released.

The document is posted in full-text searchable format on www.intel.gov.

This FISC opinion is being released pursuant to 50 U.S.C. § 1872. This opinion, along with previous FISC opinions and additional public information on national security authorities, is available on www.dni.gov and www.intel.gov.

###