National Security Agency (NSA)
297 Articles
Myth Busting?: NSA Mass Foreign Surveillance Over 30 Years Ago
NSA surveillance, in the context of post-9/11 counterterrorism, is often characterized by an exceptional technological capacity and strategic commitment to “Collect It All.”…
Updated developments regarding FAA Section 702 and related matters
I’ve published a couple of posts here tracking some of the more important recent developments respecting Section 702 of the FISA Amendments Act of 2008. This post is an…
New Report on the Costs of NSA Surveillance
On the same day Senator Leahy introduced an updated USA FREEDOM Act [and don’t miss Jennifer Granick’s analysis of the bill], the New America Foundation‘s Open…
Sen. Leahy’s Latest NSA Bill: The Good, The Bad, and The Ugly
This morning, Senator Patrick Leahy released a new version of the USA Freedom Act, a bill intended to reform NSA surveillance following Edward Snowden’s revelations that the…
Senator Leahy Introduces Updated Version of the USA FREEDOM Act
This morning, Senator Leahy (D-Vt) introduced an updated version of the USA FREEDOM Act (full text). If you recall, in May, the House passed a version of the USA FREEDOM Act…
Would the USA Freedom Act End All Authorities for Bulk Collection?
When the House passed the USA Freedom Act (H.R. 3361) in May, both Members and the administration announced that it would end bulk collection of metadata about Americans’…
DOJ Files Opening Brief in Klayman Appeal
It’s been some time since we’ve discussed developments related to the Section 215 telephony metadata program. More attention of late has been focused on Section 702…
Nine to One, Baby, One in Nine: Surveillance by the Numbers
There’s a great deal of interesting material in this weekend’s big Washington Post story on collection of Internet communications under §702 of the FISA Amendments…
The Good, the Bad, and the Ugly: An unfortunate story on the non-review of U.S. surveillance authority in Section 702
Federal oversight agency punts on international human rights, while findings the programs lawful and constitutional The President’s Privacy and Civil Liberties Oversight Board (“PCLOB”)…
Does the Intelligence Community Fear Lawyers…or Legal Scrutiny?
[Editor’s Note: See Marshall Erwin’s response to General Dunlap here.] In a provocatively entitled essay, Are National Security Lawyers a National Security Threat?…
Eleventh Circuit Says No to Warrantless Cell Tracking, Calls Other Metadata Programs Into Question
Today, the Eleventh Circuit rejected the exceedingly common law enforcement practice of warrantlessly tracking suspects’ physical location using cell phone tower data. The opinion,…
Is Snowden Obliged to Accept Punishment?
This is Secretary of State John Kerry’s answer, given May 28 on CBS This Morning: “He should man up, come back to the United States. If he has a complaint about what’s…