Foreign Intelligence Surveillance Act (FISA)
253 Articles
New FISC Pen Register Opinion: It’s Just a Matter of Time Before Somebody Gets Hurt
Once again, the NSA has conducted illegal spying. New documents reveal the National Security Agency’s (NSA) systemic violation of Foreign Intelligence Surveillance Court (FISC)…
Early Thoughts on the New NSA Disclosures
There’s going to be a lot to say in the coming days and weeks about the more-than-six dozen surveillance-related documents declassified and disclosed yesterday by the ODNI.…
Additional documents on telephony records collection (and much more) declassified
The government today made public more documents related to the “telephony records program,” as well as other surveillance-related documents, all of which can be accessed…
Making Sense of the NSA Metadata Collection Program (Part II)
In a previous post here on Just Security, I discussed the constitutionality of the National Security Agency (NSA) program that sweeps up detailed “metadata” pertaining to essentially…
My New Paper on Standing and Secret Surveillance
Our good friend (and separation-of-powers maven) Peter Shane from (the) Ohio State University’s Moritz College of Law is hosting a “virtual” symposium on NSA…
The Constitutionality of a FISA “Special Advocate”
The Privacy and Civil Liberties Oversight Board (PCLOB) is holding a day-long hearing today on possible reforms to the NSA’s surveillance activities—especially those conducted…
PCLOB Hearing on NSA Review
Today the Privacy and Civil Liberties Oversight Board (PCLOB) is holding a public hearing on recommended changes to surveillance programs authorized under the USA PATRIOT Act and…
We Are All Foreign Nationals — Even Orin Kerr
The always thought-provoking Orin Kerr has responded, on Lawfare, to my plea here for respecting the privacy rights of foreign nationals. Kerr finds my arguments unpersuasive,…
Steve Vladeck Mention on Colbert Report
[Editorial note: Earlier this week, Co-Editor-in-Chief Steve Vladeck testified during the House Permanent Select Committee on Intelligence’s open hearing on the NSA and FISA…
Trick or Treat?: New FISA “Reform” Legislation Passes Senate Intelligence Committee
Earlier this week, Sen. Dianne Feinstein expressed outrage that “the Senate Intelligence Committee was not satisfactorily informed” of the NSA’s surveillance…
La Plus Ça Change: A Look Back at Intelligence Gathering Reform
“To understand the past in order to better propose guidance for the future” -Church Commission (1976) Today’s report that the NSA has been tapping into Google and Yahoo data…
On Trees Falling Silently in Oversight Forests: Three Reflections on Yesterday’s HPSCI Hearing
Although it’s been overtaken by subsequent events, I thought I’d post some reflections on yesterday’s rare open hearing before the House Permanent Select Committee…