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Tag Archive: FISC

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 »

It’s Time to Come to Terms With Secret Law: Part I

Secret law. The words are chilling. They evoke Kafka, unaccountable government, liberty subordinated to state security – and to some ears, perhaps simply the paranoid rantings of tinfoil hat wearers. But the claim that the US government is creating secret law has become increasingly common and credible, levied by scholars, secrecy critics, courts, and by lawmakers and government officials of both parties.…   continue »

Revelations From the Newly Declassified FISC Opinion on Section 702

Last week, the Office of the Director of National Intelligence (ODNI) declassified several Foreign Intelligence Surveillance Court (FISC) opinions from 2015. One opinion from November of last year by Judge Thomas Hogan, one of the first to incorporate a special advocate as required by the USA Freedom Act, offered significant insights, especially into the operation of Section 702’s minimization procedures.…   continue »

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 Court (FISC) that is chock full of revelations about how the NSA and FBI handle – and mishandle – data collected under Section 702 of the Foreign Intelligence Surveillance Act (FISA).…   continue »

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, and indefinite detention. The new memo, written as a “letter” to then-presiding FISC Judge Colleen Kollar-Kotelly in May 2002, addresses the legal basis for the NSA’s warrantless wiretapping of Americans’ communications under the “Stellar Wind” program.…   continue »