FISA Section 702
116 Articles

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)

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.

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.

Attorney General Merrick Garland and Intelligence Community Leaders Testify on the Reauthorization of Section 702 of FISA
Editor’s Note: This article, originally published on March 2, has been updated to reflect the testimony of top intelligence leaders before the Senate Select Committee on Intelligence…

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…

The Year of Section 702 Reform, Part I: Backdoor Searches
Requiring a warrant for U.S. person queries honors the balance between security and liberty struck in the Fourth Amendment and ensures that Section 702 can’t be used to get around…

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.

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…

ODNI’s 2019 Statistical Transparency Report: The FBI Violates FISA…Again
Buried in the ODNI's 2019 statistical transparency report—released on Thursday—is information about a major instance of non-compliance with the law that ODNI hasn’t previously…

Improve FISA on Civil Liberties by Strengthening Amici
A series of recommendations could position amici to make forceful civil liberties and privacy arguments, effecting change from within the FISA court system.

How to Address Newly Revealed Abuses of Section 702 Surveillance
Last week's FISA Court opinions provide even more evidence that the current system fails to adequately protect Americans’ privacy.

The FISA Court’s Section 702 Opinions, Part II: Improper Queries and Echoes of “Bulk Collection”
Part II discusses the the FBI’s improper queries of Section 702 communications—as well as the FISA Court’s unsatisfactory solution for bringing the FBI into compliance with…