Foreign Intelligence Surveillance Act (FISA)
253 Articles
The Facts About Electronic Surveillance Reform
"It is my hope that, with section 702’s expiration date now extended to April 2024, members of Congress and the administration can engage in substantive discussions, identify…
Nine Stories That Deserved More Attention in 2023 – and That May Shape 2024
What stories or topics merited more attention in 2023, with a particular eye toward what might inform law and policy conversations in 2024?
The GSRA Would Undermine the Utility of FISA Section 702
The Government Surveillance Reform Act proposes that Section 702 be renewed, but it also mandates a host of changes that impair the agility of Section 702 as an intelligence tool.
The Just Security Podcast: Toward a Goldilocks Deal on 702 Surveillance Reform
The Reiss Center on Law and Security at NYU Law and Just Security co-hosted an expert discussion on FISA Section 702 surveillance reform.
The Year of Section 702 Reform, Part V: The HPSCI Majority FISA Working Group Report
The latest in our series on the FISA Section 702 reauthorization and reform debate.
The Year of Section 702 Reform, Part IV: The Government Surveillance Reform Act
New bipartisan legislation in Congress offers FISA Section 702 reforms that would protect Americans' privacy without compromising national security. It would be the most significant…
Expert Q&A with David Aaron on FISA Section 702 Reauthorization and Reform
Seasoned intelligence law expert and DOJ alum David Aaron explains why Section 702 must be reauthorized, why reforms that help the program evolve over time are useful, and where…
The PCLOB Stubs Its Toe on Use of U.S. Person Queries with FISA Section 702
A critique of the PCLOB recommendation that Congress require FISC authorization when U.S. person query terms are used in the FISA Section 702 database.
How Section 702 Surveillance Helps Keep Sensitive U.S. Technologies From China, Russia, Iran and North Korea
An article by the Assistant Secretary for Export Enforcement at the U.S. Department of Commerce’s Bureau of Industry and Security.
Concealing Surveillance: The Government’s Disappearing Section 702 Notices
The impending sunset of FISA Section 702 gives Congress an opportunity to examine how it is working in practice and ensure sweeping reform.
The Government’s Section 702 Playbook Doesn’t Work Anymore
Imposing robust safeguards for searches of Americans' communications in the FISA Section 702 program should be an easy path to preserving the program's intelligence value when…
The Year of Section 702 Reform, Part III: Why Congress Should Not Exempt Warrantless “Foreign Intelligence” Queries
A cramped approach to protecting Americans’ privacy would be a mistake, both as a legal matter and a practical one.