FISA Section 702

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Two people work on a laptop. One wears a jumper with “FBI” written on it, and the other wears a jumpsuit with “CIA” written on it.

Broad Warrantless Surveillance Threatens to Undermine the Criminal Justice System

Congressional debates about the renewal of one of the United States’ most sweeping intelligence surveillance laws are heating up. Helping to shape the discussion are several…
The radar domes of RAF Menwith Hill in north Yorkshire against a blue day-light sky on 30 October, 2007, Harrogate, England.

Drawing a Line on Mass Surveillance: How Congress Must Reform Section 702

RAF Menwith Hill in the United Kingdom, host to U.S. National Security Agency facilities. On Monday, members of the House Intelligence Committee held an open hearing into Russian…
A screenshot from a film about Mass surveillance online and its implications. Two people talk to each other using string cups and a third person listens in with headphones.

The Ninth Circuit’s Constitutional Detour in Mohamud

The Ninth Circuit’s decision in United States v. Mohamud continues a trend of disappointing decisions by lower courts on the constitutionality of FISA Section 702 surveillance.…
Just Security

Ninth Circuit Upholds 702 Foreign Intelligence Surveillance, But Leaves Open Future Challenges

Yesterday, the Ninth Circuit released its opinion in United States v. Mohamud – a case I described back in January 2015 as a “top national security” case to watch in the…
Just Security

Correcting the Record on Section 702: A Prerequisite for Meaningful Surveillance Reform, Part III

In our previous posts, we’ve argued that the NSA is collecting massive amounts of data about US citizens under conditions that have nothing to do with terrorism or national…
Just Security

Correcting the Record on Section 702: A Prerequisite for Meaningful Surveillance Reform, Part II

Last week, we argued that the public discussion surrounding two of the government’s most controversial mass surveillance programs – PRISM and Upstream – has not sufficiently…
Just Security

Unprecedented and Unlawful: The NSA’s “Upstream” Surveillance

The FISA Amendments Act of 2008 (FAA) — the statute the government uses to engage in warrantless surveillance of Americans’ international communications — is scheduled to…
Just Security

Correcting the Record on Section 702: A Prerequisite for Meaningful Surveillance Reform

The legal authority behind the controversial PRISM and Upstream surveillance programs used by the NSA to collect large swaths of private communications from leading Internet companies…
Just Security

A Problematic Pseudo-Category of Surveillance Information and Promising Post-Collection Policy

This week, the Office of the Director of National Intelligence declassified a Foreign Intelligence Surveillance Court of Review (FISCR) opinion that has important broad implications…
Just Security

Recap of Recent Posts on Just Security (May 14–20)

I. Guantánamo & ISIL Detainees Steve Vladeck, Can Detainees Plead Their Way Out of Guantánamo? (Tuesday, May 17) Jonathan Horowitz, The US’ Failure to Plan for ISIL…
Just Security

The 702 Reform Debate Is Just Heating Up

This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
Just Security

Revelations From the Newly Declassified FISC Opinion on Section 702

Last week, the Office of the Director of National Intelligence (ODNI) declassified several Foreign Intelligence Surveillance Court (FISC) opinions from 2015. One opinion from November…
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