Domestic Surveillance
291 Articles
Correcting the Record: Wiretaps, the CLOUD Act, and the US-UK Agreement
Over at Stanford CIS blog, Albert Gidari takes aim at the wiretap-related provisions in the US-UK CLOUD Act Agreement – which Peter Swire and I wrote about separately here. He…
The FISA Court’s Section 702 Opinions, Part II: Improper Queries and Echoes of “Bulk Collection”
Part II discusses the the FBI’s improper queries of Section 702 communications—as well as the FISA Court’s unsatisfactory solution for bringing the FBI into compliance with…
Constitution Day 2019: The Hidden Domestic Surveillance Crisis
As we mark the 232nd anniversary of the signing of America’s governing charter, we have ample evidence that it continues to be violated by the federal officials charged with…
Journalist Watchlist Raises Specter of Civil Rights-Era Secret Surveillance
Throughout his campaign and now his presidency, historians have drawn parallels between President Trump’s treatment of the news media and the Nixon White House’s efforts to…
The Snowden Effect, Six Years On
Six years ago, the world was introduced to a previously unknown government contractor who revealed the National Security Agency (NSA) was conducting an unparalleled level of warrantless…
The Consequences of Legislating Cyberlaw After Terrorist Attacks
Hastily drafted laws passed under pressure tend to create new problems while doing little to counter threats from terrorists and violent extremists.
Fulfilling the Promise of the USA Freedom Act: Time to Truly End Bulk Collection of Americans’ Calling Records
The new Section 215 "call detail records" program is still ineffective and doesn't justify the privacy threats it poses.
Homeland Security’s Intelligence Overreach: Two Cases Illustrate Risks to Civil Society
The Department of Homeland Security is deploying its intelligence apparatus against activists, journalists, and human rights lawyers, with no guard rails against abuse in place.…
On Big Brother Watch v. U.K.: The Future of Surveillance at Two Europe-Wide Courts
A recent opinion by the European Court of Human Rights was more limited than recent decisions concerning surveillance. The European Court of Justice should seize the opportunity…
New U.K. Law Fails European Court Standards on Mass Interception Disclosed by Snowden
The U.K. government trots out its new surveillance legislation as curing the ills identified by the European Court of Human Rights. That's not the case. The Court’s judgment…
Americans’ Privacy at Stake as Second Circuit Hears Hasbajrami FISA Case
When Congress reauthorized Section 702 of the Foreign Intelligence Surveillance Act (FISA) in January, it ratified the warrantless collection of potentially millions of Americans’…
Carpenter Ruling Brings Us Back From Brink of Orwellian Surveillance State
Orwell described a world where limitless surveillance makes us question every action, every thought. Last Friday’s decision in Carpenter v. United States brought us one step…