FISA Section 702

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American flags fly over the Federal Bureau of Investigation (FBI) building on July 18, 2001 in Washington, D. C.

The FISA Court’s 702 Opinions, Part I: A History of Non-Compliance Repeats Itself

This is now the fourth major FISA Court opinion on Section 702 in 10 years documenting substantial non-compliance with the rules meant to protect Americans’ privacy.
The National Security Agency (NSA) headquarters at Fort Meade, Maryland, as seen from the air, January 29, 2010.

Fulfilling the Promise of the USA Freedom Act: Time to Truly End Bulk Collection of Americans’ Calling Records

The new Section 215 "call detail records" program is still ineffective and doesn't justify the privacy threats it poses.

The Privacy and Civil Liberties Oversight Board’s Disappointing Report on PPD-28 Implementation

Edward Snowden’s revelations that the NSA engaged in massive spying operations overseas prompted outrage and political blowback from our closest allies. In an attempt to manage…

What Happened at the Court: The Hasbajrami Oral Argument on Section 702 of FISA and the Fourth Amendment

On August 27, the U.S. Court of Appeals for the Second Circuit heard argument in United States v. Hasbajrami, a case that raises several challenges to the constitutionality of…

A Way Forward on Section 702 Queries

Five suggestions for improving accountability, transparency and understanding.

Surveillance Law Backers’ ‘Willie Horton’ Tactics

In the aftermath of the renewal of a major U.S. surveillance law last month, anyone concerned about civil rights should be taking stock of both the government’s extensive surveillance…

Stop Calling It “Incidental” Collection of Americans’ Emails: The Gov’t’s Renewed Surveillance Powers

Former Acting FBI Dir. Andrew McCabe, Deputy AG Rod Rosenstein, DNI Dan Coats, and NSA Dir. Adm. Michael Rogers testify on re-authorization of Foreign Intelligence Surveillance…

Episode 54 of the National Security Law Podcast: Family Ties or Family Matters?

And we’re back, with another weekly dose of national security legal news and analysis.  Fresh off the stove this week we have: Dalmazzi – I am just returned from my first…

Facts on FISA: Correcting the Record on the Section 702 House Floor Debate

Sens. Elizabeth Warren (D-Mass.), Ron Wyden (D-Ore.), and Rand Paul (R-Ky.) speak at a news conference about their proposed FISA reforms at the Russell Senate Office Building on…

Special Edition Podcast: Liza Goitein on Section 702’s Reauthorization

Amidst the noise today generated by President Donald Trump’s contradictory and inaccurate tweets about Section 702 of the FISA Amendments Act this morning and his awful-yet-predictable…

Deep State Dissonance

U.S. National Security Agency Director Michael Rogers delivers remarks arguing for the renewal of Section 702 of the Foreign Intelligence Surveillance Act on October 13, 2017 in…

The House Intelligence Committee’s Section 702 Bill is a Wolf in Sheep’s Clothing

Image: Acting FBI Director Andrew McCabe, Deputy AG Rod Rosenstein, DNI Daniel Coats, and NSA Director Adm. Michael Rogers testify before the Senate Intelligence Committee on the…
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