Foreign Intelligence Surveillance Court (FISC)

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The first order of the Alien Terrorist Removal Court, issued by its Chief Judge Joan Ericksen, on July 16, 2026.

The Alien Terrorist Removal Court’s First Case

Unpacking the Alien Terrorist Removal Court, what we know about its first case, and what to watch for going forward.

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."
The U.S. Capitol is seen after the House narrowly passed a bill forwarding President Donald Trump's agenda at the U.S. Capitol on May 22, 2025 in Washington, DC. (Photo by Kevin Dietsch/Getty Images)

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."
Magnifying glass over computer code (vie Getty Images)

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.
Federal Bureau of Investigation (FBI) Headquarters on Pennsylvania Avenue, Washington DC, USA. Blue Sky with Puffy clouds, Street, Rickshaw, Passersby and Green Trees are in the image. Wide angle lens.

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.
​Wide angle shot of a U.S. Capitol Police ​officer stand​ing in a ​dim hallway ​inside the U.S. Capitol​. A bright light illuminates the space from above.

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.
Top shot of the Eastern District of New York courthouse, Manhattan, NY

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…
The U.S. Department of Justice Building, where the Office of Legal Counsel resides.

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…
The U.S. Capitol building shines in the afternoon light.

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.
US Capitol building at sunset with moon

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.
Abstract image of human eye with retinal circuit on a black background.

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.
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