4th Amendment

A critique of the PCLOB recommendation that Congress require FISC authorization when U.S. person query terms are used in the FISA Section 702 database.

Part II of a series discussing the digital-privacy paradox emerging from a Fourth Amendment revolution in Carpenter v. United States.

The third-party paradox has massive implications for privacy rights and raises important questions about how to challenge the government’s request for information that might…

Part I of a series discussing the digital-privacy paradox emerging from a Fourth Amendment revolution in Carpenter v. United States.

Imposing robust safeguards for searches of Americans' communications in the FISA Section 702 program should be an easy path to preserving the program's intelligence value when…

A cramped approach to protecting Americans’ privacy would be a mistake, both as a legal matter and a practical one.

The most compelling national security question this year is whether Congress will reauthorize Section 702 and, if so, what form that reauthorization will take.

There are gaps in FISA's coverage that collect American communications outside of any statutory framework and beyond the reach of courts.

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…

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…

This is an important test case for American democracy in the newfound battles over voter suppression."

If Roe is overturned, states will likely use sweeping digital surveillance tools to enforce abortion bans.