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IN RE CERTIFIED QUESTION OF LAW

No. FISCR 16-01.

858 F.3d 591 (2016)

In re CERTIFIED QUESTION OF LAW.

United States Foreign Intelligence Surveillance Court of Review.

April 14, 2016.

Attorney(s) appearing for the Case

Marc Zwillinger , ZwillGen PLLC, Washington, D.C., argued the case as court-appointed amicus curiae. With him on the brief was Jacob A. Sommer.

Aditya Bamzai , United States Department of Justice, Washington, D.C., argued the case for the United States. With him on the brief were John P. Carlin , Stuart J. Evans , J. Bradford Wiegmann , and Lisa M. Farabee.

Before BRYSON, CABRANES, and TALLMAN, Judges.

The Foreign Intelligence Surveillance Court ("FISC") certified this matter under 50 U.S.C. § 1803(j) for review by this court. The FISC certified the following question to us:

Whether an order issued under 50 U.S.C. § 1842 may authorize the Government to obtain all post-cut-through digits, subject to a prohibition on the affirmative...

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