Foreign Surveillance

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Two people work on a laptop. One wears a jumper with “FBI” written on it, and the other wears a jumpsuit with “CIA” written on it.

Broad Warrantless Surveillance Threatens to Undermine the Criminal Justice System

Congressional debates about the renewal of one of the United States’ most sweeping intelligence surveillance laws are heating up. Helping to shape the discussion are several…

Reforming Surveillance In the Age of Donald Trump

Above: An NSA site in Germany. On Wednesday, the Republican chair of the House Intelligence Committee, Devin Nunes (R-CA), gave a press conference in which he reported that Trump…

Incidental Collection Is Extremely Troubling, Regardless of Legality

A lot of ink has been spilled over statements by House Intelligence Committee Chairman Nunes that President Trump’s communications were incidentally collected pursuant to a surveillance…
The radar domes of RAF Menwith Hill in north Yorkshire against a blue day-light sky on 30 October, 2007, Harrogate, England.

Drawing a Line on Mass Surveillance: How Congress Must Reform Section 702

RAF Menwith Hill in the United Kingdom, host to U.S. National Security Agency facilities. On Monday, members of the House Intelligence Committee held an open hearing into Russian…

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…
An eye inside a blue and red stripped star.

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…
A man walks across the seal of the Central Intelligence Agency at the lobby of the Original Headquarters Building at the CIA headquarters February 19, 2009 in McLean, Virginia.

The CIA’s New Guidelines for Handling Americans’ Information

In acknowledgment of the mass scale of modern electronic intelligence collection, the Central Intelligence Agency today released newly updated guidelines governing how it treats…
A screenshot from a film about Mass surveillance online and its implications. Two people talk to each other using string cups and a third person listens in with headphones.

The Ninth Circuit’s Constitutional Detour in Mohamud

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.…
Just Security

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…
Just Security

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…
Just Security

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…
Just Security

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…
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