Foreign Intelligence Surveillance Court (FISC)

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Two tall greyscale rectangles cast dark shadows representing the Twin Towers. Text reads, “How Perpetual War Has Changed Us: Reflections on the 20th Anniversary of 9/11”

The Costs of 9/11’s Suspicionless Surveillance: Suppressing Communities of Color and Political Dissent

The domestic intelligence system has grown dramatically since 9/11, often targeting Muslims, people of color, and political movements. It's time to rethink the system.
CIA Director John Brennan and Director of National Intelligence James Clapper, arrive to testify during a US House Committee on Intelligence hearing on Capitol Hill in Washington, DC, September 10, 2015.

A New Consensus Around Transparency and National Security Surveillance

Civil libertarian arguments that were dismissed a decade ago are now broadly accepted, even at the highest levels of the intelligence community.
A U.S. Marshal walks outside the E. Barrett Prettyman United States Courthouse in Washington D.C. on Saturday, June 28, 2014.

The Public Should Have Access to the Surveillance Court’s Opinions

For decades, a special court—the Foreign Intelligence Surveillance Court, or “FISC”—has issued secret legal opinions authorizing the U.S. government to conduct sweeping…
The headquarters of the Federal Bureau of Investigations (FBI) on a foggy morning on December 9, 2019 in Washington, DC.

The Future of U.S. Foreign Intelligence Surveillance

Massive warrantless surveillance endangers both constitutional rights and U.S. competitiveness in a global information marketplace. There’s only one solution to these sets of…
The headquarters of the Federal Bureau of Investigations (FBI) on a foggy morning on December 9, 2019 in Washington, DC.

A Response to “End the FISA”: Why It’s a Good Law and Sound Policy

Since the public release of a redacted version of a Report on Four FISA Applications and Other Aspects of the FBI’s Crossfire Hurricane Investigation (the “Horowitz Report”),…
Woman's hand showing world communication hologram with digital interface technology.

Improve FISA on Civil Liberties by Strengthening Amici

A series of recommendations could position amici to make forceful civil liberties and privacy arguments, effecting change from within the FISA court system.
The U.S. House Judiciary Committee meets to consider articles of impeachment against President Donald Trump at the Longworth House Office Building on Thursday December 12, 2019 in Washington, DC.

Congress Is Ready for FISA Reform — Will the House Judiciary Committee Rise to the Occasion?

In the next 24 hours, the House Judiciary Committee has a unique opportunity to seriously reform FISA surveillance powers.
FBI Building in Miami, Florida.

Deciphering the FISC’s Order on the Carter Page FISA Application

What will the Justice Department do in response to what it's learned about the FBI’s flawed application to wiretap Carter Page?
Justice Department Inspector General Michael Horowitz testifies about the Inspector General's report on alleged abuses of the Foreign Intelligence Surveillance Act (FISA) during a Senate Judiciary Committee hearing on Capitol Hill in Washington, DC, December 11, 2019.

Pumping the Brakes a Bit on FISA “Reform”

Critics of FISA on both the left and the right are seizing on the DOJ inspector general's report as an opportunity to significantly alter FISA.
U.S. Justice Department Inspector General Michael Horowitz testifies before the Senate Judiciary Committee in the Hart Senate Office Building on Capitol Hill June 18, 2018 in Washington, DC.

The Crossfire Hurricane Report’s Inconvenient Findings

"The Inspector General's report fails to turn up anything resembling a Deep State cabal within the FBI plotting against the president, or deliberate abuse of surveillance authorities…

We Have Good Reasons to Be Concerned About the Impact of Section 702 on the Criminal Justice System

In a recent analysis for Just Security, I explored some concerns about how warrantless surveillance under Section 702 of the Foreign Intelligence Surveillance Act (“FISA”)…

Today’s ODNI and Section 702 News

Today, the Office of the Director of National Intelligence (ODNI) announced that it would stop some of the surveillance it conducts on the telecommunications backbone under authority…
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