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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOYCE R. BRANDA Acting Assistant Attorney General J Case4:08-cv-04373-JSW Document312 Filed12/17/14 Page1 of 2 1 JOYCE R. BRANDA Acting Assistant Attorney General 2 JOSEPH H. HUNT Director, Federal Programs Branch 3 ANTHONY J. COPPOLINO Deputy Branch Director 4 JAMES J. GILLIGAN Special Litigation Counsel 5 [email protected] MARCIA BERMAN 6 Senior Trial Counsel [email protected] 7 RODNEY PATTON Trial Attorney 8 JULIA BERMAN Trial Attorney 9 U.S. Department of Justice, Civil Division 20 Massachusetts Avenue, NW 10 Washington, D.C. 20001 Phone: (202) 514-2205; Fax: (202) 616-8470 11 Attorneys for the Government Defs. in their Official Capacity 12 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 13 OAKLAND DIVISION 14 ) ) Case No. 4:08-cv-4373-JSW 15 CAROLYN JEWEL, et al., ) ) 16 ) GOVERNMENT DEFENDANTS’ Plaintiffs, ) NOTICE OF ADDITIONAL 17 ) AUTHORITIES FOR v. ) DECEMBER 19, 2014 HEARING 18 ) NATIONAL SECURITY AGENCY, et al., ) Date: December 19, 2014 19 ) Time: 9:00 a.m. Defendants. ) Courtroom 5, Second Floor 20 ) Hon. Jeffrey S. White ) 21 22 Pursuant to the Notice of Questions for Hearing (ECF No. 309), the Government 23 Defendants respectfully submit the following attached additional authorities, not cited in their 24 briefing on the parties’ cross-motions for partial summary judgment or four question briefing, on 25 which the Government Defendants may rely at the December 19, 2014 hearing. 26 Exhibit A: 50 U.S.C. § 3605. 27 Exhibit B: Minimization Procedures Used by the National Security Agency in 28 Connection with Acquisitions of Foreign Intelligence Information Pursuant to Section 702 of the Government Defendants’ Notice of Additional Authorities for Dec. 19, 2014 Hearing, Jewel v. National Security Agency (4:08-cv-4373-JSW) Case4:08-cv-04373-JSW Document312 Filed12/17/14 Page2 of 2 1 Foreign Intelligence Surveillance Act of 1978, as Amended, dated Oct. 31, 2011. 2 Exhibit C: United States v. Heckenkamp, 482 F.3d 1142, 1146-47 (9th Cir. 2007). 3 Exhibit D: American Fed. of State, County & Mun. Employees v. Scott, 717 F.3d 851, 4 880-82 (11th Cir. 2013). 5 Exhibit E: Ollier v. Sweetwater Union High Sch., 768 F.3d 843, 859-61 (9th Cir. 2014). 6 Exhibit F: United States v. Bonds, 608 F.3d 495, 502, 504 (9th Cir. 2010). 7 Exhibit G: United States v. Bridgeforth, 441 F.3d 864, 868-69 (9th Cir. 2006). 8 Exhibit H: In re Nat’l Sec. Agency Telecomm. Records Litig., 564 F. Supp. 2d 1109, 9 1134 (N.D. Cal. 2008). 10 11 Dated: December 17, 2014 Respectfully Submitted, 12 JOYCE R. BRANDA Acting Assistant Attorney General 13 JOSEPH H. HUNT 14 Director, Federal Programs Branch 15 ANTHONY J. COPPOLINO Deputy Branch Director 16 /s/ Marcia Berman _ 17 JAMES J. GILLIGAN Special Litigation Counsel 18 [email protected] MARCIA BERMAN 19 Senior Trial Counsel [email protected] 20 RODNEY PATTON Trial Attorney 21 [email protected] JULIA BERMAN 22 [email protected] U.S. Department of Justice 23 Civil Division, Federal Programs Branch 20 Massachusetts Avenue, NW 24 Washington, D.C. 20001 Phone: (202) 514-2205 25 Fax: (202) 616-8470 26 Attorneys for the Government Defendants Sued in their Official Capacities 27 28 Government Defendants’ Notice of Additional Authorities for Dec. 19, 2014 Hearing, Jewel v. National Security Agency (4:08-cv-4373-JSW) Case4:08-cv-04373-JSW Document312-1 Filed12/17/14 Page1 of 3 EXHIBIT A Case4:08-cv-04373-JSW Document312-1 Filed12/17/14 Page2 of 3 50 U.S.C.A. § 3605 Page 1 Effective:[See Notes] United States Code Annotated Currentness Title 50. War and National Defense (Refs & Annos) Chapter 47. National Security Agency § 3605. Disclosure of Agency's organization, function, activities, or personnel (a) Except as provided in subsection (b) of this section, nothing in this chapter or any other law (including, but not limited to, the first section and section 2 of the Act of August 28, 1935) shall be construed to require the dis- closure of the organization or any function of the National Security Agency, or any information with respect to the activities thereof, or of the names, titles, salaries, or number of the persons employed by such agency. (b) The reporting requirements of section 1582 of Title 10 shall apply to positions established in the National Security Agency in the manner provided by section 3603 of this title. CREDIT(S) (Pub.L. 86-36, § 6, May 29, 1959, 73 Stat. 64.) HISTORICAL AND STATUTORY NOTES References in Text The first section and section 2 of the Act of August 28, 1935, referred to in subsec. (a), are sections 1 and 2 of Act Aug. 28, 1935, c. 795, 49 Stat. 956, 957, which were classified to section 654 of former Title 5, Executive Departments and Government Officers and Employees, prior to repeal by Pub.L. 86-626, Title I, § 101, July 12, 1960, 74 Stat. 427. Section 1582 of Title 10, referred to in subsec. (b), was repealed by Pub.L. 97-295, § 1(19)(A), Oct. 12, 1982, 96 Stat. 1290, and a new section 1582, relating to assistive technology, was subsequently added by Pub.L. 106-398, § 1 [[Div. A], Title XI, § 1102(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A-311. Section 3603, referred to in subsec. (b), was repealed by Pub.L. 104-201, Div. A, Title XVI, § 1633(b)(1), Sept. 23, 1996, 110 Stat. 2751. Codifications © 2014 Thomson Reuters. No Claim to Orig. US Gov. Works. 50 U.S.C.A.Case4:08-cv-04373-JSW § 3605 Document312-1 Filed12/17/14 Page3 of 3 Page 2 Section was formerly classified in a note under section 402 of chapter 15 of this title prior to editorial reclassi- fication in chapter 47 of this title. Effective and Applicability Provisions 1959 Acts. Section effective on the first day of the first pay period which begins later than the thirtieth day fol- lowing May 29, 1959, see section 8 of Pub.L. 86-36, set out as a note under section 3604 of this title. 50 U.S.C.A. § 3605, 50 USCA § 3605 Current through P.L. 113-185 approved 10-6-14 Westlaw. (C) 2014 Thomson Reuters. No Claim to Orig. U.S. Govt. Works. END OF DOCUMENT © 2014 Thomson Reuters. No Claim to Orig. US Gov. Works. Case4:08-cv-04373-JSW Document312-2 Filed12/17/14 Page1 of 14 EXHIBIT B Case4:08-cv-04373-JSW Document312-2 Filed12/17/14 Page2 of 14 Case4:08-cv-04373-JSW Document312-2 Filed12/17/14 Page3 of 14 Case4:08-cv-04373-JSW Document312-2 Filed12/17/14 Page4 of 14 Case4:08-cv-04373-JSW Document312-2 Filed12/17/14 Page5 of 14 Case4:08-cv-04373-JSW Document312-2 Filed12/17/14 Page6 of 14 Case4:08-cv-04373-JSW Document312-2 Filed12/17/14 Page7 of 14 Case4:08-cv-04373-JSW Document312-2 Filed12/17/14 Page8 of 14 Case4:08-cv-04373-JSW Document312-2 Filed12/17/14 Page9 of 14 Case4:08-cv-04373-JSW Document312-2 Filed12/17/14 Page10 of 14 Case4:08-cv-04373-JSW Document312-2 Filed12/17/14 Page11 of 14 Case4:08-cv-04373-JSW Document312-2 Filed12/17/14 Page12 of 14 Case4:08-cv-04373-JSW Document312-2 Filed12/17/14 Page13 of 14 Case4:08-cv-04373-JSW Document312-2 Filed12/17/14 Page14 of 14 Case4:08-cv-04373-JSW Document312-3 Filed12/17/14 Page1 of 9 EXHIBIT C Case4:08-cv-04373-JSW Document312-3 Filed12/17/14 Page2 of 9 Page 1 482 F.3d 1142, 07 Cal. Daily Op. Serv. 3575, 2007 Daily Journal D.A.R. 4551 (Cite as: 482 F.3d 1142) Cited Cases United States Court of Appeals, Telecommunications 372 1439 Ninth Circuit. UNITED STATES of America, Plaintiff–Appellee, 372 Telecommunications v. 372X Interception or Disclosure of Electronic Jerome T. HECKENKAMP, Defendant–Appellant. Communications; Electronic Surveillance United States of America, Plaintiff–Appellee, 372X(A) In General v. 372k1435 Acts Constituting Interception Jerome T. Heckenkamp, Defendant–Appellant. or Disclosure 372k1439 k. Computer communica- Nos. 05–10322, 05–10323. tions. Most Cited Cases Argued and Submitted Aug. 17, 2006. For Fourth Amendment purposes, defendant's Filed April 5, 2007. objectively reasonable expectation of privacy in his computer was not eliminated when he attached Background: Defendant was convicted in the computer to network of university at which he was United States District Court for the Northern Dis- a student; there was no announced monitoring trict of California, James Ware, J., of recklessly policy on the network, university's computer policy causing damage by intentionally accessing a protec- stated that in general, all computer and electronic ted computer without authorization, and he ap- files should be free from access by any but the au- pealed. thorized user of those files, and defendant's com- puter was located in his dormitory room and was Holdings: The Court of Appeals, Thomas, Circuit protected by a screensaver password. U.S.C.A. Judge, held that: Const.Amend. 4. (1) defendant's objectively reasonable expectation of privacy in his computer was not eliminated when [2] Searches and Seizures 349 26 he attached computer to network; (2) university computer network investigator's re- 349 Searches and Seizures mote search of defendant's computer was justified 349I In General under special needs exception to search warrant ex- 349k25 Persons, Places and Things Protected ception; and 349k26 k. Expectation of privacy. Most (3) evidence gathered by FBI agents pursuant to Cited Cases search warrant was admissible under independent source exception to exclusionary rule.
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