Foreign Intelligence Surveillance Act (FISA)
263 Articles

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."

Former FBI General Counsel Weissmann on FISA Reforms
Ryan Goodman sits down with Andrew Weissmann, former FBI General Counsel and DOJ veteran, to unpack FISA reauthorization.

Is the Government Using Counterterrorism Surveillance Tools to Surveil American Companies?
Section 702 surveillance and parallel construction may be quietly driving aggressive ICE workplace raids, hiding constitutional violations from workers and businesses.

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."

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.

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.

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.

The Deeper Problem with ICE’s Arrest Warrants
DHS regulations do not ensure that ICE arrest warrants are supported by reliable probable cause findings. That failing poses significant Fourth Amendment risks.

How Designating Antifa as a Foreign Terrorist Organization Could Threaten Civil Liberties
If the Trump administration designates Antifa as an FTO, it could have implications extending beyond anti-fascist activists to the entire architecture of U.S. civil society.

The Dangerous Foreign Intelligence Exception Loophole in the Hasbajrami Decision
The Hasbajrami decision’s expansive view of the FISA foreign intelligence exception threatens to swallow the rule that the Fourth Amendment's warrant requirement applies to U.S.…

“Fired” Member of U.S. Privacy Oversight Board Discusses What He Considers at Stake
"The risks to U.S. persons, as well as non-U.S. persons, from the misuse, abuse, and exfiltration of data are quite substantial."