The structure of the United States federal court system can be considered common knowledge: the Supreme Court sits atop a pyramid of lower circuit courts and trial courts, all of which are, for the most part, open to the public. Until 2002, most Americans were unaware of the existence of a "secret" court whose sole duty is to review and approve applications authorizing foreign intelligence surveillance conducted by the Executive Branch. The year 2002 was an unprecedented year for the Foreign

more »

... elligence Surveillance Court ("FISC"),3 and the statute that created it, the Foreign Intelligence Surveillance Act of 1978 ("FISA").4 For the first time in FISA's twenty-three year history, FISC denied an application for electronic surveillance and the Foreign Intelligence Surveillance Court of Review ("Court of Review") was convened to hear its first appeal.5