Foreign Intelligence Surveillance Act (FISA)
253 Articles
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…
Letter to the Editor: Why Concerns Over FBI Queries Under Section 702 Are Overblown
In her recent article, “Broad Warrantless Surveillance Threatens to Undermine the Criminal Justice System,” Sarah St.Vincent writes that Attorney General Jeff Sessions’…
Broad Warrantless Surveillance Threatens to Undermine the Criminal Justice System
Congressional debates about the renewal of one of the United States’ most sweeping intelligence surveillance laws are heating up. Helping to shape the discussion are several…
How High Was the Bar for Getting a FISA Warrant to Monitor Carter Page?
During summer of the 2016 presidential campaign, the FBI obtained a warrant from a secret court, known as the Foreign Intelligence Surveillance Court, to monitor a Donald Trump…
Sally Yates, Russia Testimony & Executive Privilege in the Trump Era
This week has shed light on the Trump administration’s aggressive approach to executive privilege, but it has also cast doubt over President Donald Trump’s ability to assert…
Reforming Surveillance In the Age of Donald Trump
Above: An NSA site in Germany. On Wednesday, the Republican chair of the House Intelligence Committee, Devin Nunes (R-CA), gave a press conference in which he reported that Trump…
Incidental Collection Is Extremely Troubling, Regardless of Legality
A lot of ink has been spilled over statements by House Intelligence Committee Chairman Nunes that President Trump’s communications were incidentally collected pursuant to a surveillance…
Drawing a Line on Mass Surveillance: How Congress Must Reform Section 702
RAF Menwith Hill in the United Kingdom, host to U.S. National Security Agency facilities. On Monday, members of the House Intelligence Committee held an open hearing into Russian…
It Ain’t Easy Getting a FISA Warrant: I Was an FBI Agent and Should Know
In his latest round of twiplash, President Trump on Saturday leveled a very serious accusation: that President Obama had personally ordered the “tapping” of telephone lines…
Just Security Event: Surveillance and the Trump Administration
Join Just Security for a fireside chat on U.S. surveillance and a celebration of Jennifer Granick‘s new book, American Spies: Modern Surveillance, Why You Should Care, And What…
The Ninth Circuit’s Constitutional Detour in Mohamud
The Ninth Circuit’s decision in United States v. Mohamud continues a trend of disappointing decisions by lower courts on the constitutionality of FISA Section 702 surveillance.…