FISA Section 702
124 Articles
“Fixes” to Surveillance Law Could Severely Harm FBI National Security Investigations
A core national security law allowing the government to collect intelligence information—Section 702 of the Foreign Intelligence Surveillance Act—is set to expire at the end…
The USA Liberty Act — aka Don’t Let the Constitutional be the Enemy of the Unconstitutional
The House Judiciary Committee has completed its markup of a major surveillance reform bill intended to better protect Americans’ privacy and enhance transparency. Responding…
Surveillance “Reform”: The Fourth Amendment’s Long, Slow, Goodbye
Over 16 years after the 9/11 attacks and the subsequent repeated passage or renewal of draconian “temporary” but “emergency” domestic surveillance laws in response, it’s…
Episode 36 of the National Security Law Podcast: NSA General Counsel Glenn Gerstell on Section 702
We have a special treat in this off-cycle episode! National Security Agency General Counsel Glenn Gerstell is in Austin to speak to our students here at UT, and (no doubt against…
Opponents of Closing Sec. 702’s Backdoor Search Loophole are Distorting How the Fix Works
With less than five months to go until Section 702 of the Foreign Intelligence Surveillance Act (FISA) expires, we still do not have a clear path forward to a reauthorization that…
We Have Good Reasons to Be Concerned About the Impact of Section 702 on the Criminal Justice System
In a recent analysis for Just Security, I explored some concerns about how warrantless surveillance under Section 702 of the Foreign Intelligence Surveillance Act (“FISA”)…
Today’s ODNI and Section 702 News
Today, the Office of the Director of National Intelligence (ODNI) announced that it would stop some of the surveillance it conducts on the telecommunications backbone under authority…
Letter to the Editor: Why Concerns Over FBI Queries Under Section 702 Are Overblown
In her recent article, “Broad Warrantless Surveillance Threatens to Undermine the Criminal Justice System,” Sarah St.Vincent writes that Attorney General Jeff Sessions’…
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…
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…
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.…
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…