Domestic Surveillance
291 Articles
Two Developments re Section 215: (i) Changes to the Section 215 Program and (ii) Program’s Scope is Currently More Limited than Originally Thought
In his speech last month on the U.S. signals intelligence programs, President Obama “directed the Attorney General to work with the Foreign Intelligence Surveillance Court…
“The NSA Doesn’t Spy On Americans”
Over at Lawfare, Ben Wittes is making excuses for the intelligence officials who’ve been saying the NSA doesn’t spy on Americans. Ben acknowledges the statement is false—“not…
Reforming The Section 702 Dragnet (Part 1)
The consensus is clear that spying on innocent Americans section 215 of the Patriot Act is flatly illegal. The Center for Democracy and Technology said it, Christopher Sprigman…
Lost in the Bulk Collection Debate — Fifth Circuit Affirms Life Sentence of Khalid Ali-M Aldawsari
With most (if not all) the focus these days on bulk collection under Section 215 of the PATRIOT Act, Section 702 of FISA, or E.O. 12333, it is easy to forget that foreign intelligence…
Privacy Board Debunks Purported Justification for NSA’s Phone-Records Dragnet
The just-released report of the Privacy and Civil Liberties Oversight Board is rigorous and well-written, and it’s worth reading in its entirety. One section warranting particular…
PCLOB Releases Report, Recommends Government End §215 Program
Today, the Privacy and Civil Liberties Oversight Board (PCLOB) released its report (full text) on the NSA’s bulk telephony metadata collection program under Section 215…
The Disconnect between Theory and Practice in Obama’s NSA Speech
I have a post on Foreign Policy arguing that there was a substantial disconnect between theory and practice in President Obama’s NSA speech yesterday. On the one hand, President…
Overview of Proposals to Reform Signals Intelligence Programs in Today’s Speech by the President
In today’s speech on Signals Intelligence Programs, President Obama outlined a number of “concrete and substantial reforms that [the] Administration intends to adopt…
Connecting the Dots: Assessing the Effectiveness of Bulk Phone Records Collection
[Editor’s note: This morning we are enthusiastic to have the opportunity to publish on Just Security an extremely insightful and thoughtful paper on the effectiveness of…
10 Questions for the Review Group Members to Publicly Address at the Senate Hearings
The members of the President’s Review Group on Intelligence and Communications Technologies will appear on Tuesday, January 14th for hearings before the Senate Judiciary…
Can We Do Without National Security Letters?
One of the more radical recommendations included in the report from President Obama’s Surveillance Review Group is the proposal to require judicial approval for National…
Could the NSA’s Telephony Metadata Program Have Prevented 9/11? Judge William Pauley v. Lawrence Wright
In an earlier post, I proposed some analytic tools for evaluating the effectiveness of the NSA’s telephony metadata program – in light of recommendations by the President’s…