Foreign Intelligence Surveillance Act (FISA)

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Surveillance and Privacy Scholars: Four Things the Government Needs From You

Adam Klein, who recently served as Chair of Privacy and Civil Liberties Oversight Board (PCLOB), calls for specific lines of scholarly research and analysis.
Rep. Adam Kinzinger (R-IL), and Rep. Jamie Raskin (D-MD) listen to testimony from DC Metropolitan Police Department Officer Michael Fanone before the House Select Committee investigating the January 6 attack on US Capitol on July 27, 2021 at the U.S. Capitol in Washington, DC.

In the Wake of the January 6 Attacks, Will Congress and the Administration Heed the Lessons of 9/11?

The need to respond forcefully to the insurrection should not be conflated with the need for new legal authorities.
The White House lawn on a sunny day with the White House in the background.

The Executive Branch Needs Intelligence Oversight Reform

The PIOB and PCLOB should be combined into a single White House civil liberties and compliance office, with an expanded mission.
Two tall greyscale rectangles cast dark shadows representing the Twin Towers. Text reads, “How Perpetual War Has Changed Us: Reflections on the 20th Anniversary of 9/11”

The Costs of 9/11’s Suspicionless Surveillance: Suppressing Communities of Color and Political Dissent

The domestic intelligence system has grown dramatically since 9/11, often targeting Muslims, people of color, and political movements. It's time to rethink the system.
The Statue of Liberty at sunset. The sky is a mix of red and orange and the Statue of Liberty is seen as a silhouette. Construction can been seen as silhouettes in the background.

Reforming the FISA Process: Tweak or Overhaul?

Earlier this month, Adam Klein, the outgoing chair of the Privacy and Civil Liberties Oversight Board, took the unusual step of issuing a unilateral “Chairman’s White…
CIA Director John Brennan and Director of National Intelligence James Clapper, arrive to testify during a US House Committee on Intelligence hearing on Capitol Hill in Washington, DC, September 10, 2015.

A New Consensus Around Transparency and National Security Surveillance

Civil libertarian arguments that were dismissed a decade ago are now broadly accepted, even at the highest levels of the intelligence community.
The sign at the FBI headquarters building reads, “J. Edgar Hoover FBI Building.”

Key Takeaways From Latest FISA Court Opinion on Section 702 and FBI Warrantless Queries

A recently declassified FISA Court opinion shows how serious the threat is that Section 702 could be exploited as a loophole for warrantless surveillance in domestic policing.
A U.S. Marshal walks outside the E. Barrett Prettyman United States Courthouse in Washington D.C. on Saturday, June 28, 2014.

The Public Should Have Access to the Surveillance Court’s Opinions

For decades, a special court—the Foreign Intelligence Surveillance Court, or “FISC”—has issued secret legal opinions authorizing the U.S. government to conduct sweeping…
The headquarters of the Federal Bureau of Investigations (FBI) on a foggy morning on December 9, 2019 in Washington, DC.

The Future of U.S. Foreign Intelligence Surveillance

Massive warrantless surveillance endangers both constitutional rights and U.S. competitiveness in a global information marketplace. There’s only one solution to these sets of…
Circuits

What Comes Next: The Aftermath of European Court’s Blow to Transatlantic Data Transfers

On Thursday, the European Court of Justice (CJEU) dealt a blow to the free flow of data across borders in the name of protecting privacy -- with global implications.
FBI Building in Miami, Florida.

ODNI’s 2019 Statistical Transparency Report: The FBI Violates FISA…Again

Buried in the ODNI's 2019 statistical transparency report—released on Thursday—is information about a major instance of non-compliance with the law that ODNI hasn’t previously…
Side by side photographs of Liza Goitein, Andrew McCabe, Mary McCord, and Julian Sanchez.

Top Experts Analyze Inspector General Report Finding Problems in FBI Surveillance

Expert takes on the Department of Justice Inspector General Michael Horowitz's recent report on FBI procedures for obtaining secret warrants under the Foreign Intelligence Surveillance…
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