Privacy
282 Articles
Is Secret Law the Solution to an Overbroad Surveillance Authority?
Congress can legislate both responsibly and openly, as long as the administration declassifies certain information that is already in the public domain.
Assessing the Intelligence Community’s Policy Framework for Commercially Available Information
The ODNI's framework on CAI still gives the intelligence community too much discretion in determining how certain principles are applied.
As DHS Implements New AI Technologies, It Must Overcome Old Shortcomings
The DHS can either carry forward in its history of bias or transparently mitigate the harmful impacts of AI on rights and privacy.
An Oversight Model for AI in National Security: The Privacy and Civil Liberties Oversight Board
Congress must create an AI oversight authority with the mandate and resources to build safeguards into these systems from the outset.
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…
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.