Domestic Surveillance

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A hand touches a laptop that shows Facebook. Only the screen is lit up; the rest of the photo is dark.

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 headquarters of the Federal Bureau of Investigations (FBI) on a foggy morning on December 9, 2019 in Washington, DC.

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…
People cross a street with cars. There are more street lights than seems needed for such a small street. There are numbers and waves of circles overlaid the image.

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…
Israeli police stop a vehicle at a checkpoint in Bnei Barak

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.
Woman's hand showing world communication hologram with digital interface technology.

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.
FBI Building in Miami, Florida.

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?
Puzzle Pieces with the American and United Kingdom flags and wires

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…
FBI Building in Miami, Florida.

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…
A collection of FBI rubber stamps reading, “Secret,” “Top secret material attached,” “Confidential material attached,” “Training,” and more.

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…
The end of a section of the border wall stands on the U.S. side of the U.S.-Mexico border, with Tijuana in the background, on April 3, 2019 in Otay Mesa, California. U.S.

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…
) Former intelligence contractor Edward Snowden poses for a photo during an interview in an undisclosed location in December 2013 in Moscow, Russia.

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…
Protesters march during the Stand Against Racism and Islamophobia: Fraser Anning Resign! rally on March 19, 2019 in Melbourne, Australia. A banner reads, “Mourn the dead. Fight for the living.” and lists the names of those murdered in the Christchurch terror attacks on Friday, March 15, 2019.

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.
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