Misc. 13-01 EFF Bar Membership (FISC 2013)

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This opinion or order relates to an opinion or order originally issued on April 1, 2013.

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! ' - IN THE UNITED STATES FOREIGN INTELLIGENCE SURVEILLANCE COURT IN RE MOTION FOR CONSENT TO DISCLOSURE OF COURT RECORDS OR, IN THE ALTERNATIVE, A DETERMINATION OF THE EFFECT OF THE COURT'S RULES ON STATUTORY ACCESS RIGHTS ---· ) ) ) ) Docket No.: Misc. 13-01 ____ ) RESPONSE OF THE ELECTRONIC FRONTIER FOUNDATION TO THE COURT'S ORDER OF MAY 24, 2013 Pursuant to the Court's Order of May 24, 2013, the Electronic Frontier Foundation ("EFF") respectfully submits the following information: (I) Bar Me111]Jership Informf!!i\JJ1: Undersigned counsel for EFF are licensed attorneys and members, in good standing, of the bars of United States district and circuit courts. See FISC Rule 7(h)(I ); FISC Rule 63. David L. Sobel is a member, in good standing, of the District of Columbia Bar (Bar No. 360418), and is a member, in good standing, of the bars of the United States District Court for the District of Columbia, the United States Court of Appeals for the District of Columbia Circuit, and the United States Supreme Court. Mark Rumold is a member, in good standing, of the State Bar of California (Bar No. 279060), and is a member, in good standing, of the bars of the United States District Court for the Northern District of California, the United States Court of Appeals for the Ninth Circuit, and the United States Court of Appeals for the District of Columbia. (2) Security ~leara11c,:(:Jnformatiq11: No member of EFF's staff: including counsel for EFF, possesses a security clearance issued by a federal agency. Because EFF' s motion does not seek the release of legitimately classified information, and because the motion, itself, does not contain classified information, EFF respectfully submits that counsel may participate in proceedings on the motion without access to classified information or security clearances. See FISC Rule 63 (requiring counsel only to have "appropriate security clearances"). Finally, the Court's Order directed the Depa11ment of Justice to respond to EFF's motion by June 7, 2013. Should the Court deem it appropriate, EFF would welcome the opportunity to offer a response to the Depaiiment's filings. Respectfolly submitted, ~,·c( ~--tJhef I 5)/ DAVID L. SOBEL Electronic Frontier Foundation 1818 N Street, N.W., Suite 410 Washington, DC 20036 (202) 797-9009 sobel@eff.org MARKRUMOLD Electronic Frontier Foundation 815 Eddy Street San Francisco, CA 94110 (415) 436-9333 mark@cff.org Counselfbr Electronic Frontier Foundation 2 C:ERTIFICATE OF SERYH::l!: I HEREBY CERTIFY that copies of the foregoing motion have been served on the following counsel this 4th day of June, 2013, in the manner indicated: JACQUELINE COLEMAN SNEAD Senior Counsel United States Depaitment of Justice Civil Division, Federal Programs Branch 20 Massachusetts Ave, NW Washington, D.C. 20530 E-mail: Jacqucline.Snead@usdoj.gov CHRISTINE GUNNING United States Department of Justice Litigation Security Group 2 Constitution Square 145 N Street NE Suite 2W-115 Washington, D.C. 20530 (202) 514-9016

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