Domestic Surveillance

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The U.S. Capitol Building against a sunset

Concealing Surveillance: The Government’s Disappearing Section 702 Notices

The impending sunset of FISA Section 702 gives Congress an opportunity to examine how it is working in practice and ensure sweeping reform.
Abstract image of human eye with retinal circuit on a black background.

The Government’s Section 702 Playbook Doesn’t Work Anymore

Imposing robust safeguards for searches of Americans' communications in the FISA Section 702 program should be an easy path to preserving the program's intelligence value when…
Biometric eye scan and network

Changes to UK Surveillance Regime May Violate International Law

Proposed changes to UK domestic surveillance laws raise significant human rights concerns.
The National Security Agency (NSA) headquarters at Fort Meade, Maryland, as seen from the air, January 29, 2010.

The Year of Section 702’s Reauthorization: A Reply on “Back Door” Searches

There are targeted, sensible reforms regarding use of Section 702-acquired information by the FBI for non-national security investigations that would avoid throwing the baby out…
Digital fingerprint, conceptual computer illustration.

The Use of Biometric Technologies for Counter-terrorism Purposes in a Human Rights Vacuum

CTED's "best practices" on biometrics miss a key dimension: international human rights law guidance.
National Counterterrorism Center Director Matthew Olsen, FBI Director James Comey, Director of National Intelligence James Clapper, CIA Director John Brennan, Defense Intelligence Agency Director Lt. Gen. Michael Flynn testify during a hearing before Senate (Select) Intelligence Committee January 29, 2014 on Capitol Hill in Washington, DC.

20 Years After the Patriot Act, America Must End Secret Law

Of the many abuses that sprung from the Patriot Act’s toxic soil, the most pernicious and enduring is the growth of secret laws. The insistence that the government must not only…
US President George W. Bush signs into law an anti-terrorism bill that expands police and surveillance powers in response to September 11 attacks on the World Trade Center and the Pentagon, 26 October 2001 in the East Room of the White House in Washington, DC. With Bush from left to right are Rep. Mike Oxley, R-OH, Sen. Orrin Hatch, R-UT, Sen Pat Leahy, D-VT, Sen. Harry Reid, D-NV, and Rep. James Sensenbrenner, R-WI.

Rethinking Surveillance on the 20th Anniversary of the Patriot Act

20 years ago, Congress enacted the PATRIOT Act. It's time to move on from that outmoded model of surveillance.
Surveillance cameras cover a pole on the corner of Tiananmen Square in Beijing on September 6, 2019.

What Biden Needs to Say About Surveillance Tech and Foreign Policy

Western countries have critiqued China's use of surveillance tech while continuing to export these tools. It's time to align human rights and trade policies.
Rep. Adam Kinzinger (R-IL), and Rep. Jamie Raskin (D-MD) listen to testimony from DC Metropolitan Police Department Officer Michael Fanone before the House Select Committee investigating the January 6 attack on US Capitol on July 27, 2021 at the U.S. Capitol in Washington, DC.

In the Wake of the January 6 Attacks, Will Congress and the Administration Heed the Lessons of 9/11?

The need to respond forcefully to the insurrection should not be conflated with the need for new legal authorities.
Two tall greyscale rectangles cast dark shadows representing the Twin Towers. Text reads, “How Perpetual War Has Changed Us: Reflections on the 20th Anniversary of 9/11”

The Costs of 9/11’s Suspicionless Surveillance: Suppressing Communities of Color and Political Dissent

The domestic intelligence system has grown dramatically since 9/11, often targeting Muslims, people of color, and political movements. It's time to rethink the system.
A cylindrical cipher device.

Encryption Originalism

Encryption originalism views strong encryption as the modern reemergence of Founding Era practice of employing—often unbreakable—ciphers.
Fox News host Tucker Carlson discusses 'Populism and the Right' during the National Review Institute's Ideas Summit at the Mandarin Oriental Hotel March 29, 2019 in Washington, DC.

The Tucker Carlson Disinformation Show

Tucker Carlson's latest claims provide a textbook example of the disinformation techniques that fuel conspiracy theories – and illustrate what makes them so dangerous.
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