Foreign Intelligence Surveillance Court (FISC)

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85 Articles
Just Security

Correcting the Record on Section 702: A Prerequisite for Meaningful Surveillance Reform

The legal authority behind the controversial PRISM and Upstream surveillance programs used by the NSA to collect large swaths of private communications from leading Internet companies…
Just Security

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…
Just Security

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

On Wednesday, I summarized the findings of my recent study of alleged secret law in the three branches of the US government and my conclusion that secret law is a limited but important…
Just Security

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…
Just Security

Letter to the Editor: Chairman Medine’s Dedicated Service to the PCLOB Was a Testament to Bipartisanship

David Medine left the Privacy and Civil Liberties Oversight Board on July 1, 2016, after three years of dedicated service and leadership as the board’s Chairman. As the board’s…
Just Security

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…
Just Security

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…
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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,…
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Safe Harbor and Reforming Section 702

Having only belatedly caught up on the European Court of Justice’s Safe Harbor decision, I wanted to weigh in on the excellent discussion between Tim Edgar and Peter Margulies…
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Chris Soghoian on Collaboration Between Lawyers, Technologists, and Policymakers

As faithful readers of our site are hopefully aware, Just Security will be celebrating its second anniversary on Monday with an event dedicated to exploring one of the most important…
Just Security

There’s No Reason to Hide the Amount of Secret Law

Last week, President Obama announced a new policy that would allow private parties to pay ransoms to hostage takers. The policy was established through an executive order and an…
Just Security

Has the CIA Asked the FISC to Restart Its Bulk Collection Program?

There’s a curious gap in the documents currently posted on the FISC’s public docket — one that suggests the NSA call records program isn’t the only type of bulk collection…
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