Domestic Surveillance
297 Articles

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…

New Technologies, New Problems – Troubling Surveillance Trends in America
The rapid advent of powerful digital surveillance technologies raises questions about the U.S. ability to maintain a balance between security and citizens' rights. Several troubling…

Can Governments Track the Pandemic and Still Protect Privacy?
A team of Europeans is creating a different contact-tracing tool that they say is designed to limit the collection and exposure of personal data.

Improve FISA on Civil Liberties by Strengthening Amici
A series of recommendations could position amici to make forceful civil liberties and privacy arguments, effecting change from within the FISA court system.

Deciphering the FISC’s Order on the Carter Page FISA Application
What will the Justice Department do in response to what it's learned about the FBI’s flawed application to wiretap Carter Page?

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.