Show sidebar

Tag Archive: NSA

What the White House Needs to Disclose about its Process for Revealing Cybersecurity Vulnerabilities

The U.S. National Security Agency

At a series of events earlier in October, White House Cybersecurity Coordinator Rob Joyce announced that he is preparing to release more information about the Vulnerabilities Equities Process (VEP). 

As we’ve discussed before, the VEP is a complicated yet important process that determines whether the government will notify a digital-technology company about a cybersecurity flaw in its product or service, or choose not to disclose the flaw and use it for later hacking or intelligence-gathering purposes.  continue »

Recap of Recent Pieces on Just Security (Oct. 21-27)

Russia Investigation and Facebook

Congressional Authorization, Oversight and Niger

Drone Strikes, Laws of War, and Human Rights

Impeachment

Domestic and International Surveillance

  continue »

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 »

It’s Time to Pass Legislation Governing a Key Part of the Government’s Hacking Policy

An example of the splash screen from the Petya malware that was suspected of relying on an exploit developed by the U.S. National Security Agency.

It’s well known that government is in the computer hacking business and, we would argue, that under the right circumstances, has legitimate reasons to stay in it.…   continue »

We Have Good Reasons to Be Concerned About the Impact of Section 702 on the Criminal Justice System

 

In a recent analysis for Just Security, I explored some concerns about how warrantless surveillance under Section 702 of the Foreign Intelligence Surveillance Act (“FISA”) may be undermining the U.S. criminal justice system. While many of those concerns would apply to the government’s potential reliance on warrantless Section 702 data as part of any criminal probe, I expressed a worry that such data might conceivably be making its way into investigations of relatively low-level suspected offenses (for example, suspected drug-related violations).…   continue »

The Drip, Drip of Obstruction News

 

The news yesterday that Donald Trump asked the Director of National Intelligence, Daniel Coats, and the director of the National Security Agency, Adm. Michael Rogers, to publicly deny the existence of any evidence of collusion between the Russians and the Trump campaign to influence the presidential election may, or may not, contribute to the overall emerging picture of obstruction of justice by the president.…   continue »

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 order under the Foreign Intelligence Surveillance Act (FISA). This has a lot of Americans scratching their heads and asking what incidental collection is, so now seemed like a good time to explain.…   continue »