Foreign Surveillance
144 Articles

The Dangerous Foreign Intelligence Exception Loophole in the Hasbajrami Decision
The Hasbajrami decision’s expansive view of the FISA foreign intelligence exception threatens to swallow the rule that the Fourth Amendment's warrant requirement applies to U.S.…

Court Says Warrant Needed for U.S. Person Queries of FISA Section 702 Data
Judge Hall’s Hasbajrami decision marks the first time a court has ruled that U.S. person queries of FISA Section 702 data must be performed pursuant to a warrant or an exception…

Law and Leadership for National Security in 2025 and Beyond
Former US intelligence attorney discusses importance of a steady hand at senior US intelligence positions in 2025 and beyond.

Congress Should Protect Americans from Transnational Repression
U.S. Congress should support the Transnational Repression Reporting Act to make clear that cross-border authoritarian repression will not be tolerated in the United States.

Is Secret Law the Solution to an Overbroad Surveillance Authority?
Congress can legislate both responsibly and openly, as long as the administration declassifies certain information that is already in the public domain.

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 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.

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.

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.

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…

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…