Foreign Surveillance

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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.
The U.S. Capitol Building against a sunset

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 episode title is shown with sound waves behind it

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.
Futuristic map

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 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…
Futuristic data screen and hologram world map

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…
US President George W. Bush signs into law an anti-terrorism bill that expands police and surveillance powers in response to September 11 attacks on the World Trade Center and the Pentagon, 26 October 2001 in the East Room of the White House in Washington, DC. With Bush from left to right are Rep. Mike Oxley, R-OH, Sen. Orrin Hatch, R-UT, Sen Pat Leahy, D-VT, Sen. Harry Reid, D-NV, and Rep. James Sensenbrenner, R-WI.

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.
Surveillance cameras cover a pole on the corner of Tiananmen Square in Beijing on September 6, 2019.

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.
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.
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.
The outside facade of the German Federal Constitutional Court

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?
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