Domestic Surveillance
295 Articles

Closing Section 702’s Front-Door Search Loophole: A Critical Protection for Americans
As the December 31st expiration date for Section 702 of the Foreign Intelligence Surveillance Act (FISA) approaches, the debate over reauthorization is in full swing. Most of the…

NYU Law Forum: “National Security: The Role of Senior Advisers in the White House”
On October 18, the Latham & Watkins Forum at NYU Law presented discussion on “National Security: The Role of Senior Advisers in the White House.” Just Security…
Recap of Recent Pieces on Just Security (Oct. 14-20)
ISIS, Iraq, Syria, and Yemen Amarnath Amarasingam, Jade Parker, and Charlie Winter, ISIS’s Vegas Claim Tells Us More about the Group Than About the Attacker Nadim Houry, What…

The Rhetoric of “Responsible Encryption”
Last week, Deputy Attorney General Rod Rosenstein gave a speech about encryption that prompted a considerable amount of well-deserved blowback. His speech rehashed a number of…

Responsibility and the Encryption Debate: A Response to DAG Rosenstein
Deputy Attorney General Rod Rosenstein. Last week, Deputy Attorney General Rod Rosenstein gave a speech about encryption at the U.S. Naval Academy, solidifying the Trump administration’s…

Surveillance “Reform”: The Fourth Amendment’s Long, Slow, Goodbye
Over 16 years after the 9/11 attacks and the subsequent repeated passage or renewal of draconian “temporary” but “emergency” domestic surveillance laws in response, it’s…

What the FISA Warrants Against Paul Manafort Tell Us About Mueller’s Investigation
The Trump-Russia saga has more characters than War and Peace and plot twists harder to follow than Game of Thrones. So making sense of the latest news – that the FBI had…

Opponents of Closing Sec. 702’s Backdoor Search Loophole are Distorting How the Fix Works
With less than five months to go until Section 702 of the Foreign Intelligence Surveillance Act (FISA) expires, we still do not have a clear path forward to a reauthorization that…

We Are Already in a State of Emergency
As Trump reissues his “lock her up” talk against Hillary Clinton and assaults the Justice Department, FBI, and media, the Brennan Center recently had a prescient meeting about…
Recap of Recent Posts on Just Security (May 20-26)
I. Foreign Policy Michael Posner, Tillerson’s Degradation of Human Rights Mustn’t–and Can’t Yet–be Executive Branch Policy (Monday, May 22) Sydney Blumenthal, What…

Never Waste A Good Crisis, FBI Edition
President Trump’s decision to summarily dismiss now-former FBI Director James Comey has sparked grave concerns in many quarters. The move has been described as a profoundly…

How High Was the Bar for Getting a FISA Warrant to Monitor Carter Page?
During summer of the 2016 presidential campaign, the FBI obtained a warrant from a secret court, known as the Foreign Intelligence Surveillance Court, to monitor a Donald Trump…