Foreign Intelligence Surveillance Act (FISA)
254 Articles
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."
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…
Questions for Senators (and Journalists) to Ask CIA Director Nominee John Ratcliffe
We asked intelligence experts and former members of the intelligence community for questions they would ask Ratcliffe in Wednesday's hearing.
Law and Leadership for National Security in 2025 and Beyond
Former US intelligence attorney discusses importance of a steady hand at senior US intelligence positions in 2025 and beyond.
The “War Game” Documentary, and Simulating a Worse January 6th
How would – and how should – our most senior government leaders respond?
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…
Time for U.S. Intelligence to Ask: How Did We Alienate so Many Americans?
"Two years before the next round of debate over Section 702, an earlier, deeper, and more wide-ranging conversation needs to take place between the intelligence and civil liberties…
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.
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.
The SAFE Act Is No “Compromise” and Won’t Leave Americans Safer
The SAFE Act would renew Section 702 of FISA, but only with changes that seriously undermine its agility and value as an indispensable foreign intelligence collection tool.