FISA Section 702
116 Articles
Nine to One, Baby, One in Nine: Surveillance by the Numbers
There’s a great deal of interesting material in this weekend’s big Washington Post story on collection of Internet communications under §702 of the FISA Amendments…
The Good, the Bad, and the Ugly: An unfortunate story on the non-review of U.S. surveillance authority in Section 702
Federal oversight agency punts on international human rights, while findings the programs lawful and constitutional The President’s Privacy and Civil Liberties Oversight Board (“PCLOB”)…
Did PCLOB Answer My Eight Questions About Section 702?
TL;DR: A little bit, but not enough. Yesterday, the Privacy and Civil Liberties Oversight Board (PCLOB) issued a massive report about the legally and technologically complicated…
Cloud City: A Fourth Amendment Thought Experiment
Reading the Privacy & Civil Liberties Oversight Board’s rather tepid report on NSA surveillance under §702 of the FISA Amendments Act last night, I found myself thinking…
Privacy and Civil Liberties Oversight Board Releases Report on Section 702 Surveillance (Full Text)
On Tuesday evening, the Privacy and Civil Liberties Oversight Board (PCLOB)—an independent body within the Executive Branch—released a major report concerning the National…
FAA Section 702 developments
Back in February, I posted about the first brief on the merits challenging the constitutionality of Section 702 of the FISA Amendments Act of 2008, in the criminal case against…
The “Culture of Misinformation” and the Government’s Representations to the Supreme Court in Clapper
In yesterday’s New York Times, Charlie Savage had a new installment in his series about the government’s representations (and misrepresentations) in Clapper v. Amnesty, a…
New Editors’ Picks Reading List: IHRL on Privacy and Surveillance
As regular readers will likely recall, in recent weeks there has been much discussion here on the pages of Just Security (and elsewhere) on important questions regarding the extraterritorial…
John Bellinger’s Testimony before the PCLOB (and implications for Senate approval of the Persons with Disabilities Convention) [Updated on April 2]
My friend and former legal adviser to the State Department John Bellinger recently testified before the Privacy and Civil Liberties Board (PCLOB) on the question whether international…
UN Human Rights Committee Says ICCPR Applies to Extraterritorial Surveillance: But is that so novel?
[Editor’s Note: John Bellinger over at Lawfare replied to the following post. And Ryan has a new post, partly in response to John.] A major development in today’s UN Human…
PCLOB Hearing on Section 702 Authorities
Today, the PLCOB is holding a hearing on programs authorized under Section 702 of FISA. The hearing can be watched live on C-SPAN2. Written testimony of the witnesses is linked…
Eight Questions PCLOB Should Ask About Section 702
Tomorrow, all five members of the Privacy and Civil Liberties Oversight Board (PCLOB) will testify before the Senate Judiciary Committee about their recent report concluding that…