Misc. 13-03 Motion of Apple Inc. for Leave to File Amicus Curiae (FISC 2013)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on June 18, 2013.
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C:' ~ I °' '"-' ;,r • '• l ~c·~ '.'~'!. ••:-,'}., 1 , ,· , • 1 In re Motions for Declaratory Judgment to Disclose Aggregate Data Regarding FISA Orders and Directives ) ) ) ) ) J- ':ti('·~' '~r-r\~it.1 ······.L.f-',;-:,·· . \ l • •'".. f r 1\ ·- :.. l .J J;'·.... ~~ - r ~ •• ' ~. UNITED STATES FOREIGN INTELLIGENCE SURVEILLANCE,CQURT l f:. ,-~- '-..... P:1 Ii '· :.,. I. j • ' , I U • l •·'·.. i. i ·~ MOTION OF APPLE INC. FOR LEAVE TO FILE AMICUS CURIAE BRIEF Apple Inc. ("Apple") moves for leave to file the accompanying amicus curiae brief in support of the motions for declaratory judgment filed in the above-captioned cases by Google Inc., Microsoft Corporation, Yahoo! Inc., Facebook, Inc., and Linkedin Corporation ("the providers"). As set forth in greater detail in its filing, Apple submits this filing to describe the interest of Apple and its customers in the motions that have been filed and to provide additional analysis as to why the Government's position both (i) lacks any statutory basis and (ii) violates the First Amendment right of Apple and others to provide the public and Apple's customers with important information on an issue that has been the subject of intense political debate and public concern. The providers consent to Apple's filing. The Government consents to Apple's filing on the condition that it have the opportunity to file a reply due on or before November 26, 2013, if it chooses to do so. Both the providers and Apple consent to this condition. No party or counsel for a party participated in the drafting of this brief or made any monetary contributions to it. For these reasons, and those set out in the attached brief, Apple *** ' 2 F'L \.''l<t H.j 1, LL Case Nos. Misc. 13-03, 13-04, 13-01;·q~iQ6, Cr COURT and 13-07 respectfully requests that the Court grant it leave to file its amicus curiae brief. ""-~ Pursuant to FISC Rule of Procedure 7(i), Apple states that none of its undersigned counsel holds security clearances. Pursuant to FISC Rule of Procedure 7 (h)(l ), Attorneys for Amicus Apple certify that the undersigned attorneys are members in good standing of the Bar of the District of Columbia. Respectfully submitted, Dated: November 5, 2013 William Isaacson, D.C. Bar No. 414788 Samuel C. Kaplan, D.C. Bar No. 463350 Michael J. Gottlieb, D.C. Bar No. 974960 BOIES, SCHILLER & FLEXNER, LLP 5301 Wisconsin Ave. NW Washington, DC 20015 (t) (202) 237-2727 (f) (202) 237-6131 wisaacson@bsfllp.com Attorneys for Amicus Curiae Apple, Inc. 2 ,. UNITED STATES FOREIGN INTELLIGENCE SURVEILLANCE COURT In re Motions for Declaratory Judgment to Disclose Aggregate Data Regarding FISA Orders and Directives ) ) ) ) ) Case Nos. Misc. 13-03, 13-04, 13-05, 13-06, and 13-07 [PROPOSED] ORDER GRANTING MOTION OF APPLE INC. FOR LEAVE TO FILE AMICUS CURIAE BRIEF Now before the Court is the motion of Apple Inc. to file an amicus curiae brief in the above-captioned cases. Apple has an interest in these cases, and the parties have consented. If the Government chooses to file a response to Apple's filing, it shall do so on or before November 26, 2013. Accordingly, it is hereby ordered that Apple's motion for leave to file an amicus curiae brief is GRANTED. SO ORDERED, this_ day of _ _ _ _ _ _ , 2013. United States Foreign Intelligence Surveillance Court Washington, D.C. CERTIFICATE OF SERVICE I hereby certify this 5th day of November, 2013, that I caused the foregoing document to be served by hand delivery on the following: Christine Gunning Litigation Security Group United States Department of Justice 2 Constitution Square 145 N St., NE, Suite 2W-l 15 Washington, DC 20530 In addition, I caused the foregoing document to be served by electronic mail on: Albert Gidari Perkins Coie LLP 1201 Third Avenue, Suite 4900 Seattle, WA 98101 agidari@perkinscoie.com Counsel for Google Inc. James Garland Covington & Burling LLP 1201 Pennsylvania Avenue, NW Washington, DC 20004 jgarland@cov.com Counsel for Microsoft Corporation Carl Nichols Wilmer Cutler Pickering Hale and Dorr LLP 1875 Pennsylvania Avenue, NW Washington, DC 20006 Carl.nichols@wilmerhale.com Counsel for Face book, Inc. Marc Zwillinger Z will Gen PLLC 1705 N St. NW Washington, DC 20036 marc@zwillgen.com Counsel/or Yahoo! Inc. Jerome C. Roth Munger, Tolles & Olson LLP 560 Mission Street, 27th Floor San Francisco, CA 94105 Jermone.Roth@mto.com Counsel for Linkedin Corporation u c }(_ Samuel C . Kaplan
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