FISA Section 702
124 Articles
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…
Time for U.S. Intelligence to Ask: How Did We Alienate so Many Americans?
"Two years before the next round of debate over Section 702, an earlier, deeper, and more wide-ranging conversation needs to take place between the intelligence and civil liberties…
Is Secret Law the Solution to an Overbroad Surveillance Authority?
Congress can legislate both responsibly and openly, as long as the administration declassifies certain information that is already in the public domain.
The SAFE Act Is No “Compromise” and Won’t Leave Americans Safer
The SAFE Act would renew Section 702 of FISA, but only with changes that seriously undermine its agility and value as an indispensable foreign intelligence collection tool.
The Year(s) of Section 702 Reform, Part VI: (Another) Looming Deadline
Congress once again has an opportunity — and an obligation — to enact much-needed surveillance reforms to protect Americans’ privacy while ensuring that intelligence agencies…
The Facts About Electronic Surveillance Reform
"It is my hope that, with section 702’s expiration date now extended to April 2024, members of Congress and the administration can engage in substantive discussions, identify…
Nine Stories That Deserved More Attention in 2023 – and That May Shape 2024
What stories or topics merited more attention in 2023, with a particular eye toward what might inform law and policy conversations in 2024?
The GSRA Would Undermine the Utility of FISA Section 702
The Government Surveillance Reform Act proposes that Section 702 be renewed, but it also mandates a host of changes that impair the agility of Section 702 as an intelligence tool.
The Just Security Podcast: Toward a Goldilocks Deal on 702 Surveillance Reform
The Reiss Center on Law and Security at NYU Law and Just Security co-hosted an expert discussion on FISA Section 702 surveillance reform.
The Year of Section 702 Reform, Part V: The HPSCI Majority FISA Working Group Report
The latest in our series on the FISA Section 702 reauthorization and reform debate.
The Year of Section 702 Reform, Part IV: The Government Surveillance Reform Act
New bipartisan legislation in Congress offers FISA Section 702 reforms that would protect Americans' privacy without compromising national security. It would be the most significant…