FISA Reform
65 Articles

Fool’s Gold: Speaker Johnson’s Section 702 proposal would place no limits on backdoor searches
"Members can recognize the Johnson proposal for what it is: a transparent attempt to preserve the status quo rather than answer the bipartisan calls for needed reform."

Former FBI General Counsel Weissmann on FISA Reforms
Ryan Goodman sits down with Andrew Weissmann, former FBI General Counsel and DOJ veteran, to unpack FISA reauthorization.

Is the Government Using Counterterrorism Surveillance Tools to Surveil American Companies?
Section 702 surveillance and parallel construction may be quietly driving aggressive ICE workplace raids, hiding constitutional violations from workers and businesses.

Bogus “Antifa” Designations and FBI Warrantless Access to Americans’ Communications
"Any expert of national security surveillance law following the government’s escalating actions on “antifa” can connect the dots to FISA electronic surveillance."

Myths and Facts About Section 702 Backdoor Searches: A Reply to George Croner
A rebuttal to George Croner’s critique of the Brennan Center’s “Myths and Facts” on FISA Section 702 backdoor searches and why RISAA falls short.

The Truth Behind Section 702 Query Statistics
Authors write that Congress must now impose a warrant requirement for Section 702 access to Americans' communications.

A Response to the Brennan Center’s “Myths and Facts” on Section 702 Backdoor Searches
A warrant mandate is unnecessary, legally mistaken, and damaging to national security as the program faces expiration on April 20, 2026.

Claude and the Constitution: Questions Congress Should Ask Before Renewing Section 702
Experts share questions Congress, journalists, and the public should ask executive branch officials on surveillance authorities.

The Dangerous Foreign Intelligence Exception Loophole in the Hasbajrami Decision
The Hasbajrami decision’s expansive view of the FISA foreign intelligence exception threatens to swallow the rule that the Fourth Amendment's warrant requirement applies to U.S.…

Law and Leadership for National Security in 2025 and Beyond
Former US intelligence attorney discusses importance of a steady hand at senior US intelligence positions in 2025 and beyond.

Warrantless “Defensive” Searches of FISA Section 702 Data Violate the Fourth Amendment
The Fourth Amendment requires that queries of the FISA Section 702 database for information about U.S. persons be performed pursuant to a court order, regardless of whether the…

Unpacking the FISA Section 702 Reauthorization Bill
The FISA reauthorization bill has something to interest everyone from addressing the use of U.S. person query terms to formalizing oversight.