Domestic Surveillance
300 Articles

Congress Must Heed Koh’s Call to Surface Secret Law
Ensuring that any secret law-making in the executive branch gets disinfecting sunlight is uniquely important because of its potential to give legal cover for overbroad, unaccountable,…

The Year(s) of Section 702 Reform, Part VI: (Another) Looming Deadline
Congress once again has an opportunity — and an obligation — to enact much-needed surveillance reforms to protect Americans’ privacy while ensuring that intelligence agencies…

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.

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…

Changes to UK Surveillance Regime May Violate International Law
Proposed changes to UK domestic surveillance laws raise significant human rights concerns.

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.