Domestic Surveillance
295 Articles

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…

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.

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…

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.

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.

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.

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.

Encryption Originalism
Encryption originalism views strong encryption as the modern reemergence of Founding Era practice of employing—often unbreakable—ciphers.

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.

Protect Communications Privacy for All of Us—Not Just Lawmakers and Reporters
It’s Time for Congress to Finish What It Started After the Snowden Revelations.

Guardrails Needed for FBI Access to Social Media Monitoring
While social media analysis will be critical to investigations aimed at preventing acts of domestic terrorism, dragnet social media monitoring brings significant risks, and even…

The Future of U.S. Foreign Intelligence Surveillance
Massive warrantless surveillance endangers both constitutional rights and U.S. competitiveness in a global information marketplace. There’s only one solution to these sets of…