Federal Bureau of Investigation (FBI)
274 Articles
Seven Myths Busted: FBI Surveillance and the NSL Expansion Vote in the Senate
Yesterday, the Senate failed to pass a motion to end debate and move to a final vote on a highly controversial amendment related to Internet records, which New America’s Open…
FBI Guidelines Weaken Separation of Community Outreach and Intelligence Gathering Efforts
Community outreach programs are a staple of modern law enforcement, designed to build trust, address local concerns, and communicate effectively with the public — at least in…
Beware of the Emergency Exception Loophole in the Email Privacy Act
The Email Privacy Act, which passed the House 419-0, is slated for consideration in the Senate Judiciary Committee hearing this week. The legislation updates the now 30-year old…
Giving Up on Cybersecurity — Strategically
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
With Remote Hacking, the Government’s Particularity Problem Isn’t Going Away
Electronic surveillance succeeds because it is secret. When the government seeks to record “what is whispered in the closet,” in the words of Justice Brandeis, it must use…
Congress’s Embarrassingly Empty (National Security) Record
This week, we learned the United States will send 250 special operations troops to the war in Syria, bringing the publicly known total number of American troops operating in the…
Revelations From the Newly Declassified FISC Opinion on Section 702
Last week, the Office of the Director of National Intelligence (ODNI) declassified several Foreign Intelligence Surveillance Court (FISC) opinions from 2015. One opinion from November…
ODNI Response on Increased Intelligence Sharing Still Leaves Questions and Concerns
In late February, The New York Times reported that the administration was preparing to expand sharing of the mass signals intelligence collected by NSA pursuant to Executive Order…
The New Intelligence Sharing Procedures Are Not About Law Enforcement
[Editor’s Note: The author composed this analytic essay while serving as General Counsel for the Director of National Intelligence.] There has been a lot of speculation about…
We Need to Know More About When the FBI Can Access One of the NSA’s Biggest Databases
Americans have learned quite a bit about electronic surveillance since Edward Snowden leaked a massive trove of classified documents almost three years ago. And while we still…
FBI Discovers It Can Access That iPhone After All
Update: The FBI is now explicitly denying that the method described in this post is the one they’re planning to employ — so apparently my suspicion was mistaken and they…
A friendly critique of the proposed Chesney/Vladeck “middle ground” in the Apple/FBI disputes
Bobby Chesney and Steve Vladeck have published an excellent and provocative post today concerning the recent All Writs Act disputes between the government and Apple. I agree with…