Foreign Intelligence Surveillance Act (FISA)

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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.
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A Close and Critical Look at the ‘Five Things’ the ACLU Says You Need to Know About ‘NSA Mass Surveillance’

The most compelling national security question this year is whether Congress will reauthorize Section 702 and, if so, what form that reauthorization will take.
(L) headshot of FBI Director Christopher Wray, (R) headshot of Representative Jim Jordan

Anticipating Jim Jordan’s Judiciary Committee Hearing with FBI Director Wray

Will there be real oversight or more allegations of conspiracies and victimhood that drive political violence?
The U.S. Capitol building is seen at sunset on March 1, 2022 in Washington, DC. (Photo by Samuel Corum/Getty Images)

Expert Backgrounder: Title I of the Foreign Intelligence Surveillance Act vs. Section 702

A quick-reference guide to understanding the legal debate about electronic national security surveillance (and how to spot imposters trying to muddy the waters)
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The Just Security Podcast: FISA Section 702 Reauthorization

To understand how the U.S. government thinks about Section 702 reauthorization, Tess Bridgeman sat down with Chris Fonzone and Josh Geltzer.
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The Year of Section 702 Reform, Part II: Closing the Gaps and Completing the Modernization of FISA

There are gaps in FISA's coverage that collect American communications outside of any statutory framework and beyond the reach of courts.
U.S. Attorney General Merrick Garland sits at a desk and testifies before the Senate Judiciary Committee

Attorney General Merrick Garland and Intelligence Community Leaders Testify on the Reauthorization of Section 702 of FISA

Editor’s Note: This article, originally published on March 2, has been updated to reflect the testimony of top intelligence leaders before the Senate Select Committee on Intelligence…
The National Security Agency (NSA) headquarters at Fort Meade, Maryland, as seen from the air, January 29, 2010.

The Year of Section 702’s Reauthorization: A Reply on “Back Door” Searches

There are targeted, sensible reforms regarding use of Section 702-acquired information by the FBI for non-national security investigations that would avoid throwing the baby out…
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The Year of Section 702 Reform, Part I: Backdoor Searches

Requiring a warrant for U.S. person queries honors the balance between security and liberty struck in the Fourth Amendment and ensures that Section 702 can’t be used to get around…
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The Biden Administration’s SIGINT Executive Order, Part II: Redress for Unlawful Surveillance

Congress must step in to ensure individuals can fairly pursue redress for unlawful surveillance in Article III courts.
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The Biden Administration’s SIGINT Executive Order, Part I: New Rules Leave Door Open to Bulk Surveillance

Congressional action is needed to ensure Biden's executive order on signals intelligence collection safeguards privacy rights.
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