FISA Section 702

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116 Articles
Just Security

The FBI’s Warrantless Surveillance Back Door Just Opened a Little Wider

On Tuesday, the Office of the Director of National Intelligence (ODNI) released a redacted version of an opinion by Judge Thomas F. Hogan of the Foreign Intelligence Surveillance…
Just Security

The Obama Administration Has Embraced Legal Theories Even Broader Than John Yoo’s

The Justice Department recently released another of the now-notorious Office of Legal Counsel memos written by John Yoo — memos that authorized torture, warrantless wiretapping,…
Just Security

Questions Congress Should Ask About Section 702

After passing a surveillance reform bill last year, Congress appears poised to turn to examine another controversial surveillance authority — Section 702 of FISA. Using Section…
Just Security

Congress Squawks as Surveillance Chickens Come Home to Roost

A year that has alternated between major surveillance reforms and calls for new spying laws in the wake of ISIS attacks is set to close with a pendulum swing back against NSA surveillance…
Just Security

Why Aren’t Criminal Defendants Getting Notice of Section 702 Surveillance — Again?

Since the Snowden disclosures began, the government’s massive surveillance operations under Section 702 of FISA have increasingly drawn public scrutiny. Section 702 is the authority…
Just Security

Bulk Collection Under Section 215 Has Ended… What’s Next?

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

Section 702, the Fourth Amendment, and Article III: The Muhtorov (Non-)Decision

Because of the difficulties civil litigants have encountered in challenging section 702 of the Foreign Intelligence Surveillance Act (as created by the FISA Amendments Act of 2008),…
Just Security

Safe Harbor and Reforming Section 702

Having only belatedly caught up on the European Court of Justice’s Safe Harbor decision, I wanted to weigh in on the excellent discussion between Tim Edgar and Peter Margulies…
Just Security

The Declining Half-Life of Secrets

Image credit: US Government via Wikimedia Commons The following post is a preview of a new paper from New America’s Cybersecurity Initiative, where the author is a fellow.…
Just Security

USA Freedom and the Surveillance Reform That Almost Was

Committee markups can be a dry affair, an opportunity for political showboating, or both. Yesterday’s markup of the USA Freedom Act in the House Judiciary Committee was neither.…
Just Security

The Intelligence Time Machine

On Tuesday, members in the House and Senate introduced new versions of the USA Freedom Act that would prohibit bulk collection of records under Section 215 of the Patriot Act,…
Just Security

Appointing Democratic Judges to the FISA Court Won’t Solve Its Structural Flaws

Chief Justice Roberts recently named two new judges to the Foreign Intelligence Surveillance Court (FISC) — Judge James P. Jones from the Western District of Virginia and Judge…
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