Privacy
276 Articles
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…
The PCLOB Stubs Its Toe on Use of U.S. Person Queries with FISA Section 702
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.
How Section 702 Surveillance Helps Keep Sensitive U.S. Technologies From China, Russia, Iran and North Korea
An article by the Assistant Secretary for Export Enforcement at the U.S. Department of Commerce’s Bureau of Industry and Security.
Concealing Surveillance: The Government’s Disappearing Section 702 Notices
The impending sunset of FISA Section 702 gives Congress an opportunity to examine how it is working in practice and ensure sweeping reform.
Resolving Carpenter’s Third-Party Paradox (Part II – The Solution)
Part II of a series discussing the digital-privacy paradox emerging from a Fourth Amendment revolution in Carpenter v. United States.
The Just Security Podcast: A Fourth Amendment Privacy Paradox
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…
Resolving Carpenter’s Third-Party Paradox (Part I – The Paradox)
Part I of a series discussing the digital-privacy paradox emerging from a Fourth Amendment revolution in Carpenter v. United States.
The Government’s Section 702 Playbook Doesn’t Work Anymore
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 Roadmap for Implementing Rules on Racial Profiling
Additional steps are needed to ensure the U.S. Department of Justice guidance addresses discrimination in law enforcement operations.
Changes to UK Surveillance Regime May Violate International Law
Proposed changes to UK domestic surveillance laws raise significant human rights concerns.