4th Amendment
176 Articles
The Dangerous Foreign Intelligence Exception Loophole in the Hasbajrami Decision
The Hasbajrami decision’s expansive view of the FISA foreign intelligence exception threatens to swallow the rule that the Fourth Amendment's warrant requirement applies to U.S.…
Warrantless “Defensive” Searches of FISA Section 702 Data Violate the Fourth Amendment
The Fourth Amendment requires that queries of the FISA Section 702 database for information about U.S. persons be performed pursuant to a court order, regardless of whether the…
Time for U.S. Intelligence to Ask: How Did We Alienate so Many Americans?
"Two years before the next round of debate over Section 702, an earlier, deeper, and more wide-ranging conversation needs to take place between the intelligence and civil liberties…
Trump’s Mar-a-Lago Search Challenge Flounders: Judge Signals Warrant Passed Muster
Trump’s effort to suppress the evidence that agents found inside his personal residence and social club appeared to fall flat on Tuesday.
Unpacking the FISA Section 702 Reauthorization Bill
The FISA reauthorization bill has something to interest everyone from addressing the use of U.S. person query terms to formalizing oversight.
The SAFE Act Is No “Compromise” and Won’t Leave Americans Safer
The SAFE Act would renew Section 702 of FISA, but only with changes that seriously undermine its agility and value as an indispensable foreign intelligence collection tool.
The Year(s) of Section 702 Reform, Part VI: (Another) Looming Deadline
Congress once again has an opportunity — and an obligation — to enact much-needed surveillance reforms to protect Americans’ privacy while ensuring that intelligence agencies…
The Facts About Electronic Surveillance Reform
"It is my hope that, with section 702’s expiration date now extended to April 2024, members of Congress and the administration can engage in substantive discussions, identify…
The Just Security Podcast: Toward a Goldilocks Deal on 702 Surveillance Reform
The Reiss Center on Law and Security at NYU Law and Just Security co-hosted an expert discussion on FISA Section 702 surveillance reform.
The Year of Section 702 Reform, Part V: The HPSCI Majority FISA Working Group Report
The latest in our series on the FISA Section 702 reauthorization and reform debate.
The Year of Section 702 Reform, Part IV: The Government Surveillance Reform Act
New bipartisan legislation in Congress offers FISA Section 702 reforms that would protect Americans' privacy without compromising national security. It would be the most significant…
Expert Q&A with David Aaron on FISA Section 702 Reauthorization and Reform
Seasoned intelligence law expert and DOJ alum David Aaron explains why Section 702 must be reauthorized, why reforms that help the program evolve over time are useful, and where…