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Tag Archive: FISC

Reforming Surveillance In the Age of Donald Trump

An NSA site in Germany.

On Wednesday, the Republican chair of the House Intelligence Committee, Devin Nunes (R-CA), gave a press conference in which he reported that Trump transition team members’ communications were intercepted by US intelligence agencies through “incidental collection.” This follows on Nunes’ concerns, after Michael Flynn stepped down following intelligence reports that he had talked to the Russian ambassador.…   continue »

Incidental Collection Is Extremely Troubling, Regardless of Legality

A lot of ink has been spilled over statements by House Intelligence Committee Chairman Nunes that President Trump’s communications were incidentally collected pursuant to a surveillance order under the Foreign Intelligence Surveillance Act (FISA). This has a lot of Americans scratching their heads and asking what incidental collection is, so now seemed like a good time to explain.…   continue »

It Ain’t Easy Getting a FISA Warrant: I Was an FBI Agent and Should Know

 

In his latest round of twiplash, President Trump on Saturday leveled a very serious accusation: that President Obama had personally ordered the “tapping” of telephone lines in Trump Tower in the months leading up to the November 2016 election. His tweets (scarily) reveal more about what he believes the office of the President is capable of than the reality of what the law allows.…   continue »

Just Security Event: Surveillance and the Trump Administration

Join Just Security for a fireside chat on U.S. surveillance and a celebration of Jennifer Granick‘s new book, American Spies: Modern Surveillance, Why You Should Care, And What to Do About It. Opening remarks by Senator Ron Wyden, followed by a discussion between Granick and Pulitzer Prize-winning New York Times Washington Correspondent Charlie Savage on U.S.…   continue »

A Problematic Pseudo-Category of Surveillance Information and Promising Post-Collection Policy

This week, the Office of the Director of National Intelligence declassified a Foreign Intelligence Surveillance Court of Review (FISCR) opinion that has important broad implications for privacy and warrantless surveillance.

The opinion, issued on April 14 and released pursuant to the USA FREEDOM Act’s disclosure requirements, deals with government collection of the numbers one dials into a phone during a call, such as a credit card number or passcode (called post-cut-through digits), that’s done under the auspices of authorized Pen Register/Trap and Trace (Pen/Trap) surveillance.…   continue »