Today, the EFF scored a major victory in its appeal to the FISA court for the publication of a specific (and rare) FISA court ruling that determined that certain aspects of a NSA program were in fact unconstitutional. The DOJ fought to fight this, although clearly their arguments were unpersuasive. Here is the order:
In effect, the FISA court seems to have ruled that the copies of a FISA court judgment which are within the possession of the Executive Branch can be released, provided that the District Court in which the EFF filed the original case agrees that such opinion is must be produced under the FOIA request originally filed by the EFF. The DOJ had claimed that it could not release the opinion because the FISA rules themselves prohibit such a release. The FISA court obviously disagreed.