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Tag Archive: Fourth Amendment

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 »

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 »

A Broken Playbook: The NYPD Targeted Muslims in Over 95-Percent of Investigations That Broke Surveillance Rules

The NYPD’s Intelligence Bureau consistently broke court-imposed rules governing investigations involving political activity, according to a recent report by the NYPD Inspector General. But the most troubling conclusion appears in a footnote on the first page: over 95-percent of these investigations targeted Muslims or individuals associated with Islam.…   continue »

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

Last week, we argued that the public discussion surrounding two of the government’s most controversial mass surveillance programs – PRISM and Upstream – has not sufficiently acknowledged the broad scope of collection under these programs, which take place under section 702 of the Foreign Intelligence Surveillance Act (FISA).…   continue »

Supreme Court Grants Temporary Stay in Backpage Senate Subpoena Litigation

I recently wrote about the Senate civil enforcement action seeking to enforce a subpoena of Backpage.com records issued by the Permanent Subcommittee on Investigations (PSI). Backpage has been a target of the subcommittee’s investigation allegations of online sex trafficking. Backpage objects to the subpoena on numerous civil liberties and procedural fairness grounds.…   continue »