Domestic Surveillance
295 Articles
Surveillance Oversight Should Be President-Proof, But We’re Still a Long Way Off
Last week, at an event co-hosted by Just Security and NYU’s Brennan Center for Justice, the NSA’s Civil Liberties and Privacy Director Rebecca Richards dropped the ball. When…
Reminder: You Should Care About Mass Surveillance, Even if You’ve Done Nothing Wrong
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
FBI’s Push to “Fix a Typo” Would Really Expand Its Surveillance Authority
At last week’s Senate Intelligence Committee hearing on Worldwide Threats, FBI Director James Comey reiterated his call for a major expansion of the FBI’s surveillance authorities,…
Questions Congress Should Ask About Section 702
After passing a surveillance reform bill last year, Congress appears poised to turn to examine another controversial surveillance authority — Section 702 of FISA. Using Section…
Moving Beyond the “Going Dark” Frame
For more than a year now, this site has posted dozens of articles critiquing the US government’s claims that it needs a method of accessing encrypted digital communications…
The European Court of Human Rights Constrains Mass Surveillance (Again)
In a decision that may someday be considered the penultimate nail in the coffin that European courts have been building for mass surveillance, the European Court of Human Rights…
USA Freedom: The Rubber Meets the Road
The National Security Agency has released its Transparency Report on the implementation of the USA Freedom Act — as well as the minimization procedures to be used for the new…
Settlement of NYPD Muslim Surveillance Lawsuits: A Platform for Better Oversight
Last week, the City of New York agreed to settle two federal lawsuits challenging the NYPD’s surveillance of American Muslims, promising to reform the rules that govern how the…
Cruz & Rubio’s Confusing USA Freedom Exchange
A few reporters have asked me about a slightly odd exchange between GOP presidential hopefuls Marco Rubio and Ted Cruz at last night’s primary debate, so I thought it might…
European Human Rights Court Deals a Heavy Blow to the Lawfulness of Bulk Surveillance
In a seminal decision updating and consolidating its previous jurisprudence on surveillance, the Grand Chamber of the European Court of Human Rights took a sideways swing at mass…
Bulk Collection Under Section 215 Has Ended… What’s Next?
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
The Legal Legacy of the NSA’s Section 215 Bulk Collection Program
Last week’s opinion in Klayman v. Obama by Judge Richard Leon dealt another, emphatic(!) blow to the constitutionality of the NSA’s bulk phone record surveillance program under…