2
FBI v. FAZAGA
Opinion of the Court
such effect, and we therefore reverse.
I
A
This Court has repeatedly recognized “a Government
privilege against court-ordered disclosure of state and military secrets,” General Dynamics Corp. v. United States,
563 U. S. 478, 484 (2011); see also United States v.
Zubaydah, ___ U. S. ___, ___ (2022) (slip op., at 7); Tenet v.
Doe, 544 U. S. 1, 11 (2005); United States v. Reynolds, 345
U. S. 1, 6–7 (1953); Totten v. United States, 92 U. S. 105,
107 (1876). The present case requires us to determine
whether FISA affects the availability or scope of that longestablished privilege.
Electronic surveillance for ordinary criminal law enforcement purposes is governed by Title III of the Omnibus
Crime Control and Safe Streets Act of 1968, 18 U. S. C.
§§2510–2522, but foreign intelligence surveillance presents
special national-security concerns, and Congress therefore
enacted FISA to provide special procedures for use when
the Government wishes to conduct such surveillance. See
Clapper v. Amnesty Int’l USA, 568 U. S. 398, 402 (2013).
FISA established the Foreign Intelligence Surveillance
Court to entertain applications for and, where appropriate,
to issue orders authorizing such surveillance. See id., at
402–403; 50 U. S. C. §§1803–1805.
When information is lawfully gathered pursuant to such
an order, §1806 permits its use in judicial and administrative proceedings and specifies the procedure that must be
followed before that is done.
Under §1806(c), “[w]henever the Government intends to
enter into evidence or otherwise use or disclose . . . against