Foreign Intelligence Surveillance Court (FISC)
85 Articles
Shhh! Last Week Was All About Secrets
Editors’ Note: The following post is the sixth installment of a new feature, “Monday Reflections,” in which a different Just Security editor will take an in-depth look…
It’s Time to Pass the USA Freedom Act—Warts and All
Thirteen years after 9/11, the United States Congress appeared poised to begin the long overdue process of reining-in the intelligence establishment’s runaway surveillance practices.…
The Need for Both Legal and Technical Privacy Protections
Last week, Apple and Google came under intense criticism from the law enforcement and national security communities for their decisions to encrypt user data when devices are locked.…
FISC OKs Section 215 Investigations of Americans, Despite First Amendment
The Foreign Intelligence Surveillance Court declassified an opinion today which, although highly redacted, illuminates the way at least one Judge is interpreting his mandate to…
Judge Bates (Unintentionally) Makes the Case for FISC Reform
Whatever one thinks of the Senate version of the USA FREEDOM Act–which offers a series of substantive and procedural reforms to U.S. surveillance programs–it is now…
The Foreign Intelligence Surveillance Court: Is Reform Needed?
With the advent of the Edward Snowden leaks commencing in June 2013, much has been written about Snowden and the United States intelligence community. This short blog post examines…
Eleventh Circuit Says No to Warrantless Cell Tracking, Calls Other Metadata Programs Into Question
Today, the Eleventh Circuit rejected the exceedingly common law enforcement practice of warrantlessly tracking suspects’ physical location using cell phone tower data. The opinion,…
Information Cascades and Intelligence Oversight
Sen. Blumenthal opened a recent surveillance oversight hearing by hammering an important point from the Privacy and Civil Liberties Oversight Board’s thorough report on the…
Two Developments re Section 215: (i) Changes to the Section 215 Program and (ii) Program’s Scope is Currently More Limited than Originally Thought
In his speech last month on the U.S. signals intelligence programs, President Obama “directed the Attorney General to work with the Foreign Intelligence Surveillance Court…
Section 215 Telephone Metadata Collection: The Privacy and Civil Liberties Oversight Board Trashes Pretty Much Everyone
Wow. There’s really no other way to capture what the Privacy and Civil Liberties Oversight Board told the nation today in its 200+ page report on the NSA’s telephone metadata…
Friday Evening Document Dump: DNI Declassifies Host of Additional FISC Orders
Late this afternoon, the DNI declassified two dozen FISC orders related to the collection and use of telephony metadata under Section 215 of the PATRIOT Act. In today’s…
10 Questions for the Review Group Members to Publicly Address at the Senate Hearings
The members of the President’s Review Group on Intelligence and Communications Technologies will appear on Tuesday, January 14th for hearings before the Senate Judiciary…