Domestic Surveillance

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300 Articles
A cylindrical cipher device.

Encryption Originalism

Encryption originalism views strong encryption as the modern reemergence of Founding Era practice of employing—often unbreakable—ciphers.
Fox News host Tucker Carlson discusses 'Populism and the Right' during the National Review Institute's Ideas Summit at the Mandarin Oriental Hotel March 29, 2019 in Washington, DC.

The Tucker Carlson Disinformation Show

Tucker Carlson's latest claims provide a textbook example of the disinformation techniques that fuel conspiracy theories – and illustrate what makes them so dangerous.
A person types on a laptop. Translucent icons litter the image to represent cybersecurity.

Protect Communications Privacy for All of Us—Not Just Lawmakers and Reporters

It’s Time for Congress to Finish What It Started After the Snowden Revelations.
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…
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