Foreign Surveillance
145 Articles
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…
Rethinking Surveillance on the 20th Anniversary of the Patriot Act
20 years ago, Congress enacted the PATRIOT Act. It's time to move on from that outmoded model of surveillance.
What Biden Needs to Say About Surveillance Tech and Foreign Policy
Western countries have critiqued China's use of surveillance tech while continuing to export these tools. It's time to align human rights and trade policies.
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.
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.
An Ongoing Problem: Germany’s Protection of Foreigners’ Communication Abroad
Will Germany’s Federal Constitutional Court press for further reforms or defer the matter to politics when it decides on the issue later this month?
Duty to Warn: Has the Trump Administration Learned from the Khashoggi Failure?
This attitude shift alone, if it has indeed taken place, is commendable, but should not reduce scrutiny of what happened in the Declan Walsh case.
The FISA Court’s Section 702 Opinions, Part II: Improper Queries and Echoes of “Bulk Collection”
Part II discusses the the FBI’s improper queries of Section 702 communications—as well as the FISA Court’s unsatisfactory solution for bringing the FBI into compliance with…
The FISA Court’s 702 Opinions, Part I: A History of Non-Compliance Repeats Itself
This is now the fourth major FISA Court opinion on Section 702 in 10 years documenting substantial non-compliance with the rules meant to protect Americans’ privacy.
EU Court of Justice Grapples with U.S. Surveillance in Schrems II
Earlier this month, the Court of Justice of the European Union heard argument in Schrems II, a case that could limit companies’ ability to transfer data into the United States…
The Snowden Effect, Six Years On
Six years ago, the world was introduced to a previously unknown government contractor who revealed the National Security Agency (NSA) was conducting an unparalleled level of warrantless…
Intelligence, Ethics and Bureaucracy: The Duty to Warn Jamal Khashoggi
The Knight First Amendment Institute and the Committee to Protect Journalists have obtained "Duty to Warn" documents that shed new light on what a U.S. intelligence officer would…