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Tag Archive: FISA

Episode 46 of the National Security Law Podcast: The $15 Million Dollar Man

 

In this week’s episode, your devoted hosts dig into a bonanza of national security law odds-and-ends.

First up is an en banc decision by the Foreign Intelligence Surveillance Court of Review involving the standing of the ACLU and the Yale Media Freedom and Information Access Clinic to litigate a claimed First Amendment right of public access in relation to FISC opinions.…   continue »

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 to civil liberties advocates’ concerns that the bill doesn’t go far enough, Reps Ted Poe (R-Tx.) and Zoe  Lofgren (D-Calif.) offered an amendment to require U.S.…   continue »

Recap of Recent Pieces on Just Security (Oct. 21-27)

Russia Investigation and Facebook

Congressional Authorization, Oversight and Niger

Drone Strikes, Laws of War, and Human Rights

Impeachment

Domestic and International Surveillance

  continue »

Closing Section 702’s Front-Door Search Loophole: A Critical Protection for Americans

As the December 31st expiration date for Section 702 of the Foreign Intelligence Surveillance Act (FISA) approaches, the debate over reauthorization is in full swing. Most of the controversy centers around “backdoor searches”—the government’s practice of sifting through communications, obtained without a warrant because the targets are ostensibly foreign, for the calls and e-mails of particular Americans.…   continue »

What the FISA Warrants Against Paul Manafort Tell Us About Mueller’s Investigation

 The Trump-Russia saga has more characters than War and Peace and plot twists harder to follow than Game of Thrones. So making sense of the latest news – that the FBI had taken out not one, but two surveillance orders under the Foreign Intelligence Surveillance Act (FISA) on former Trump campaign chairman Paul Manafort – can be difficult to put into context.  continue »

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 would also address the law’s substantial problems.  A major reason for this is an impasse on what to do about the law’s most significant flaw: that it permits the government to seek out the content of Americans’ communications that have been swept up through Section 702 without any suspicion of wrongdoing, let alone a warrant, a problem known as “the backdoor search loophole.” Unfortunately, opponents of reforming the loophole have either failed to understand how the proposed fix to the loophole would actually work, or are describing it inaccurately in an effort to discredit reform.…   continue »