Foreign Intelligence Surveillance Court (FISC)
91 Articles

Fool’s Gold: Speaker Johnson’s Section 702 proposal would place no limits on backdoor searches
"Members can recognize the Johnson proposal for what it is: a transparent attempt to preserve the status quo rather than answer the bipartisan calls for needed reform."

Bogus “Antifa” Designations and FBI Warrantless Access to Americans’ Communications
"Any expert of national security surveillance law following the government’s escalating actions on “antifa” can connect the dots to FISA electronic surveillance."

Myths and Facts About Section 702 Backdoor Searches: A Reply to George Croner
A rebuttal to George Croner’s critique of the Brennan Center’s “Myths and Facts” on FISA Section 702 backdoor searches and why RISAA falls short.

The Truth Behind Section 702 Query Statistics
Authors write that Congress must now impose a warrant requirement for Section 702 access to Americans' communications.

A Response to the Brennan Center’s “Myths and Facts” on Section 702 Backdoor Searches
A warrant mandate is unnecessary, legally mistaken, and damaging to national security as the program faces expiration on April 20, 2026.

Claude and the Constitution: Questions Congress Should Ask Before Renewing Section 702
Experts share questions Congress, journalists, and the public should ask executive branch officials on surveillance authorities.

Court Says Warrant Needed for U.S. Person Queries of FISA Section 702 Data
Judge Hall’s Hasbajrami decision marks the first time a court has ruled that U.S. person queries of FISA Section 702 data must be performed pursuant to a warrant or an exception…

Warrantless “Defensive” Searches of FISA Section 702 Data Violate the Fourth Amendment
The Fourth Amendment requires that queries of the FISA Section 702 database for information about U.S. persons be performed pursuant to a court order, regardless of whether the…

Is Secret Law the Solution to an Overbroad Surveillance Authority?
Congress can legislate both responsibly and openly, as long as the administration declassifies certain information that is already in the public domain.

Unpacking the FISA Section 702 Reauthorization Bill
The FISA reauthorization bill has something to interest everyone from addressing the use of U.S. person query terms to formalizing oversight.

The GSRA Would Undermine the Utility of FISA Section 702
The Government Surveillance Reform Act proposes that Section 702 be renewed, but it also mandates a host of changes that impair the agility of Section 702 as an intelligence tool.

The Year of Section 702’s Reauthorization: A Reply on “Back Door” Searches
There are targeted, sensible reforms regarding use of Section 702-acquired information by the FBI for non-national security investigations that would avoid throwing the baby out…