Answer · confidence: thin
Do spy court reports since 1979 show warrant denials, and did they limit spying?
Research question: What do the Foreign Intelligence Surveillance Court's annual reports from 1979 onward show about warrant volume and denials, and how do they compare with the 1978 Act's stated purpose of limiting mass surveillance?
The verified facts cover only 2021 through 2024, so they do not show trends from 1979 onward. In 2023-2024 the FISC received 637 applications for electronic surveillance and/or physical search orders 1, denied 29 in full or in part, and substantially modified another 135 4. Earlier years show a similar pattern: in 2022 the FISC denied none of the 296 final applications that requested electronic surveillance authority 9, and in 2021 it fully denied 4 applications 7. The facts do not address the 1978 Act's stated purpose of limiting mass surveillance, though they note that the reporting duty came from the 2015 USA FREEDOM Act, not the 1978 Act 13. The newest facts are from 2023-2024 14, roughly two years before the current date of October 2026.
Checked 2026-10-18. Only documented and supported facts are used.
Dig deeper on this questionSources
[1] supported
The Administrative Office of the U.S. Courts reported that in 2023-2024 the FISC received 637 applications for electronic surveillance and/or physical search orders.
"For example, the AO reported that in 2023-2024, the FISC received 637 applications for electronic surveillance and/or physical search orders."About the Foreign Intelligence Surveillance Court
[2] supported
The FISC received 363 applications and certifications in 2023.
"The FISC disclosed that it received 363 applications and certifications in 2023."Report of the Director of the Administrative Office of the U.S. Courts
[3] documented
The FISC received 456 applications in 2021.
"The FISC disclosed that it received 456 applications in 2021."www.uscourts.gov
[4] supported
In 2023-2024 the FISC denied 29 electronic surveillance or physical search orders in full or in part, and substantially modified an additional 135.
"The FISC “denied” 29 such orders in full or in part, and “substantially modified” an additional 135."About the Foreign Intelligence Surveillance Court
[5] documented
During calendar year 2022, the Government filed 317 final applications with the FISC for authority to conduct electronic surveillance and/or physical searches for foreign intelligence purposes.
"During calendar year 2022, the Government filed 317 final applications with the FISC for authority to conduct electronic surveillance and/or physical searches for foreign intelligence purposes."www.justice.gov
[6] documented
Of the 2023 applications, 270 orders were granted, 78 were modified, 13 were denied in part, and 1 application was denied in full.
"After consideration by the Court, 270 orders were granted, 78 orders were modified, 13 orders were denied in part, and 1 application was denied in full."Report of the Director of the Administrative Office of the U.S. Courts
[7] supported
In 2021 the FISC granted 318 orders without modification, modified 113 orders, partly denied 20 orders, and fully denied 4 applications.
"After consideration by the Court, 318 orders were granted, 113 orders were modified, 20 orders were denied in part, and 4 applications were denied in full."www.uscourts.gov
[8] supported
The Attorney General's annual FISA statistics reflect only denials or modifications of final applications and omit cases where the government revised or withdrew applications after a judge signaled disapproval, so they understate the Court's actual influence.
"The annual FISA statistics provided by the Attorney General generally have reflected only denials or modifications of final applications and have not addressed cases in which the government revised its final submission to conform to the judge’s intended disposition or withheld an application from final submission after a judge indicated that it will not be approved."About the Foreign Intelligence Surveillance Court
[9] documented
Of the 317 final applications, 296 included requests for authority to conduct electronic surveillance, and the FISC did not deny any of those applications in whole or in part.
"Of the 317 final, filed applications, 296 applications included requests for authority to conduct electronic surveillance. None of the applications requesting authority to conduct electronic surveillance were withdrawn by the Government. The FISC did not deny any of these final, filed applications in whole, or in part."www.justice.gov
[10] supported
The FISC's 2021 modifications were counted only where the government's proposed orders were substantively changed, and partial denials were reported separately.
"Consistent with the statutory mandate in 50 U.S.C. § 1873(a), however, the number reported in this category includes only cases in which substantive modifications were made to the government's proposed orders."www.uscourts.gov
[11] documented
The document says the Attorney General's statistics suggest FISC judges have issued denials or modifications more often than district judges have for criminal Title III wiretap applications.
"Nonetheless, these statistics suggest that in recent years FISC judges have issued denials or modifications for FISA applications more frequently than district judges around the country have for criminal Title III wiretap applications."About the Foreign Intelligence Surveillance Court
[12] documented
The FISC made modifications to the proposed orders in 23 final applications requesting electronic surveillance authority.
"The FISC made modifications to the proposed orders in 23 final, filed applications requesting authority to conduct electronic surveillance."www.justice.gov
[13] documented
The Director's reporting duty for FISA court statistics was created by the USA FREEDOM Act of 2015, not by the 1978 Act.
"Under 50 U.S.C. § 1873(a)(2), enacted as part of the USA FREEDOM Act of 2015 (Pub. L. No. 114-23), the Director of the Administrative Office of the United States Courts (AO) is required to publish statistical information"Report of the Director of the Administrative Office of the U.S. Courts
[14] supported
The AOUSC reported that the FISC received 324 proposed applications in 2022, with 221 proposed orders granted, 80 modified, 16 denied in part, and seven denied in full.
"The AOUSC reported that 221 proposed orders were granted, 80 proposed orders were modified, 16 proposed orders were denied in part, and seven proposed applications were denied in full."www.justice.gov