FISA Section 702
124 Articles

Expert Q&A with David Aaron on FISA Section 702 Reauthorization and Reform
Seasoned intelligence law expert and DOJ alum David Aaron explains why Section 702 must be reauthorized, why reforms that help the program evolve over time are useful, and where…

The PCLOB Stubs Its Toe on Use of U.S. Person Queries with FISA Section 702
A critique of the PCLOB recommendation that Congress require FISC authorization when U.S. person query terms are used in the FISA Section 702 database.

How Section 702 Surveillance Helps Keep Sensitive U.S. Technologies From China, Russia, Iran and North Korea
An article by the Assistant Secretary for Export Enforcement at the U.S. Department of Commerce’s Bureau of Industry and Security.

Concealing Surveillance: The Government’s Disappearing Section 702 Notices
The impending sunset of FISA Section 702 gives Congress an opportunity to examine how it is working in practice and ensure sweeping reform.

The Government’s Section 702 Playbook Doesn’t Work Anymore
Imposing robust safeguards for searches of Americans' communications in the FISA Section 702 program should be an easy path to preserving the program's intelligence value when…

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.

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.

Anticipating Jim Jordan’s Judiciary Committee Hearing with FBI Director Wray
Will there be real oversight or more allegations of conspiracies and victimhood that drive political violence?

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…