FISA Reform

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The Year of Section 702 Reform, Part III: Why Congress Should Not Exempt Warrantless “Foreign Intelligence” Queries

A cramped approach to protecting Americans’ privacy would be a mistake, both as a legal matter and a practical one.
visual representation of a global communications network

A Close and Critical Look at the ‘Five Things’ the ACLU Says You Need to Know About ‘NSA Mass Surveillance’

The most compelling national security question this year is whether Congress will reauthorize Section 702 and, if so, what form that reauthorization will take.
The U.S. Capitol building is seen at sunset on March 1, 2022 in Washington, DC. (Photo by Samuel Corum/Getty Images)

Expert Backgrounder: Title I of the Foreign Intelligence Surveillance Act vs. Section 702

A quick-reference guide to understanding the legal debate about electronic national security surveillance (and how to spot imposters trying to muddy the waters)
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The Just Security Podcast: FISA Section 702 Reauthorization

To understand how the U.S. government thinks about Section 702 reauthorization, Tess Bridgeman sat down with Chris Fonzone and Josh Geltzer.
Futuristic map

The Year of Section 702 Reform, Part II: Closing the Gaps and Completing the Modernization of FISA

There are gaps in FISA's coverage that collect American communications outside of any statutory framework and beyond the reach of courts.
The National Security Agency (NSA) headquarters at Fort Meade, Maryland, as seen from the air, January 29, 2010.

The Year of Section 702’s Reauthorization: A Reply on “Back Door” Searches

There are targeted, sensible reforms regarding use of Section 702-acquired information by the FBI for non-national security investigations that would avoid throwing the baby out…
National Counterterrorism Center Director Matthew Olsen, FBI Director James Comey, Director of National Intelligence James Clapper, CIA Director John Brennan, Defense Intelligence Agency Director Lt. Gen. Michael Flynn testify during a hearing before Senate (Select) Intelligence Committee January 29, 2014 on Capitol Hill in Washington, DC.

20 Years After the Patriot Act, America Must End Secret Law

Of the many abuses that sprung from the Patriot Act’s toxic soil, the most pernicious and enduring is the growth of secret laws. The insistence that the government must not only…
US President George W. Bush signs into law an anti-terrorism bill that expands police and surveillance powers in response to September 11 attacks on the World Trade Center and the Pentagon, 26 October 2001 in the East Room of the White House in Washington, DC. With Bush from left to right are Rep. Mike Oxley, R-OH, Sen. Orrin Hatch, R-UT, Sen Pat Leahy, D-VT, Sen. Harry Reid, D-NV, and Rep. James Sensenbrenner, R-WI.

Rethinking Surveillance on the 20th Anniversary of the Patriot Act

20 years ago, Congress enacted the PATRIOT Act. It's time to move on from that outmoded model of surveillance.
A dark wooden library with long tables with chairs and lamps for people to work at. People are scattered in seats along the tables. A book stands at the forefront of the photograph with a reading lamp above it.

Surveillance and Privacy Scholars: Four Things the Government Needs From You

Adam Klein, who recently served as Chair of Privacy and Civil Liberties Oversight Board (PCLOB), calls for specific lines of scholarly research and analysis.
The Statue of Liberty at sunset. The sky is a mix of red and orange and the Statue of Liberty is seen as a silhouette. Construction can been seen as silhouettes in the background.

Reforming the FISA Process: Tweak or Overhaul?

Earlier this month, Adam Klein, the outgoing chair of the Privacy and Civil Liberties Oversight Board, took the unusual step of issuing a unilateral “Chairman’s White…
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…
Side by side photographs of Liza Goitein, Andrew McCabe, Mary McCord, and Julian Sanchez.

Top Experts Analyze Inspector General Report Finding Problems in FBI Surveillance

Expert takes on the Department of Justice Inspector General Michael Horowitz's recent report on FBI procedures for obtaining secret warrants under the Foreign Intelligence Surveillance…
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