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Tag Archive: Foreign Surveillance

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 in Trump Tower in the months leading up to the November 2016 election. His tweets (scarily) reveal more about what he believes the office of the President is capable of than the reality of what the law allows.…   continue »

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 to Do About It. Opening remarks by Senator Ron Wyden, followed by a discussion between Granick and Pulitzer Prize-winning New York Times Washington Correspondent Charlie Savage on U.S.…   continue »

The Ninth Circuit’s Constitutional Detour in Mohamud

listening

 

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. There are many bones to pick with these decisions (see Jennifer Daskal’s earlier analysis here), but the most glaring flaw is the fundamental misunderstanding and misapplication of the “incidental overhear” doctrine.…   continue »

Ninth Circuit Upholds 702 Foreign Intelligence Surveillance, But Leaves Open Future Challenges

Yesterday, the Ninth Circuit released its opinion in United States v. Mohamud – a case I described back in January 2015 as a “top national security” case to watch in the coming year.   Bottom line: The court rejects Mohamed’s challenge to the constitutionality of 702 surveillance (so-named that based on the numbering of the statute that authorized it).  …   continue »

Rule 41 Has Been Updated: What’s Needed Next

On December, 1, the revised version of Federal Rule of Criminal Procedure 41 went into effect. The Department of Justice, which first proposed an earlier (and more expansive) version of the rule change in September 2013, has described the amendment as a much-needed procedural update in light of the growing use of anonymization tools and multi-jurisdictional cybercrime.  …   continue »

New UN Report Highlights Freedom of Expression Violations Across the Globe

UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, David Kaye, yesterday issued his fourth report, a comprehensive survey of global trends i n restrictions on freedom of expression. From Chinese cybersecurity legislation and the censorship of social media, to the detention of journalists covering the Black Lives Matter protests, Kaye’s 24-page study addresses an array of threats to this fundamental right, and it presents several recommendations for state action.…   continue »

Correcting the Record on Section 702: A Prerequisite for Meaningful Surveillance Reform, Part III

In our previous posts, we’ve argued that the NSA is collecting massive amounts of data about US citizens under conditions that have nothing to do with terrorism or national security, thanks to the authorities granted to the US government by section 702 of the Foreign Intelligence Surveillance Act.…   continue »

Just Security’s Questions for Clinton and Trump

Given the importance of tonight’s prime-time debate between US presidential candidates Hillary Clinton and Donald Trump, we’re again running our list of vital national security questions we want to see both candidates answer. The list below was originally compiled by a group of Just Security’s editors and contributors ahead the Commander-in-Chief Forum that took place earlier this month.…   continue »