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Tag Archive: Metadata

Closing Section 702’s Front-Door Search Loophole: A Critical Protection for Americans

As the December 31st expiration date for Section 702 of the Foreign Intelligence Surveillance Act (FISA) approaches, the debate over reauthorization is in full swing. Most of the controversy centers around “backdoor searches”—the government’s practice of sifting through communications, obtained without a warrant because the targets are ostensibly foreign, for the calls and e-mails of particular Americans.…   continue »

Opponents of Closing Sec. 702’s Backdoor Search Loophole are Distorting How the Fix Works

With less than five months to go until Section 702 of the Foreign Intelligence Surveillance Act (FISA) expires, we still do not have a clear path forward to a reauthorization that would also address the law’s substantial problems.  A major reason for this is an impasse on what to do about the law’s most significant flaw: that it permits the government to seek out the content of Americans’ communications that have been swept up through Section 702 without any suspicion of wrongdoing, let alone a warrant, a problem known as “the backdoor search loophole.” Unfortunately, opponents of reforming the loophole have either failed to understand how the proposed fix to the loophole would actually work, or are describing it inaccurately in an effort to discredit reform.…   continue »

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 »

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 Problematic Pseudo-Category of Surveillance Information and Promising Post-Collection Policy

This week, the Office of the Director of National Intelligence declassified a Foreign Intelligence Surveillance Court of Review (FISCR) opinion that has important broad implications for privacy and warrantless surveillance.

The opinion, issued on April 14 and released pursuant to the USA FREEDOM Act’s disclosure requirements, deals with government collection of the numbers one dials into a phone during a call, such as a credit card number or passcode (called post-cut-through digits), that’s done under the auspices of authorized Pen Register/Trap and Trace (Pen/Trap) surveillance.…   continue »