105B(g) 07-01 YAHOO! INC.'S RESPONSE TO THE UNITED STATES' SUPPLEMENTAL RESPONSE TO THE COURT'S NOVEMBER 5, 2014 ORDER (FISC 2014)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on June 14, 2013.
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; U.S.; I , r.-· .. L- -· . SUH'/ _!;__I, - .,_ . . . ··--.- - .. l ZOI~ DEC 18 Pi1 3: 30 IN THE FOREIGN INTELLIGENCE SURVEILLANCE COURT !..EEAHH,fLYl!?1 HALL No. 105B(g) 07-01 GLER:\ OF COURT In re: Directives Pursuant to Section I 05B of the Foreign Intelligence Surveillance Act YAHOO! INC.'S RESPONSE TO THE UNITED STATES' SUPPLEMENTAL RESPONSE TO THE COURT'S NOVEMBER 5, 2014 ORDER Yahoo writes in response to the Government's December 12, 2014 submission outlining the documents that remain to be reviewed as part of the classification review of the documents filed in this case. Yahoo disagrees with the Government's assertion that the Memorandum Opinion of April 28, 2008 need not be reviewed. In discussions with the Government, it has indicated to Yahoo that it only reviewed the previously-redacted version of the Memorandum Opinion of April 28, 2008 as part of its declassification review in the FISCR. 1 The Government may have done the same for other documents that Yahoo received in 2007 and 2008 in redacted form. Yahoo believes that the basis for redaction decisions made in 2007 and 2008 do not apply today in light of the significant declassification of documents released in the past 18 months, and that the Memorandum Opinion, and any other documents that were originally presented to 1 Presumably it did not review those redactions because the original redacted version was subject to this Court's sealing order, which the FISCR may not have had jurisdiction to revisit. But whatever the reason, a full review of the unredacted version is now appropriate. 1 , , Yahoo in redacted form, should now be reviewed in their entirety as part of this classification review to determine if all of the prior redactions remain necessary. Yahoo respectfully requests that this Court order the Government to review all documents in their original, unredacted form as part of this classification review, including this Court's Memorandum Opinion of April 28, 2008 and any other previously-redacted documents it did not fully review in their original, unredacted form as part of the FISCR declassification process. Dated: December 17, 2014 Si gnat Jae mer Mar J. Zwillinger ZwillGen PLLC 1705 NSt. NW Washington, DC 20036 marc@zwillgen.com jake@zwillgen.com Attorneys for Yahoo! Inc. 2 CERTIFICATE OF SERVICE I hereby certify that on December 17, 2014, I served copies of the foregoing motion on: Carli Rodriguez-Feo United States Department of Justice Litigation Security Group 2 Constitution Square 145 N St NE Suite 2W-l 15 Washington, D.C. 20530 (202) 514-9016 Carli.Rodriguez-Feo@usdoj.gov pursuant to FISC Rule 8 and procedures established by the Security and Emergency Planning Staff, United States Department of Justice. 3
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