Privacy
284 Articles

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.

A Close and Critical Look at the ‘Five Things’ the ACLU Says You Need to Know About ‘NSA Mass Surveillance’
The most compelling national security question this year is whether Congress will reauthorize Section 702 and, if so, what form that reauthorization will take.
DHS Intelligence Rearranges the Deck Chairs—Again
The new realignment of the DHS Office of Intelligence & Analysis fails to address the agency's fundamental problems.

Digital Privacy Legislation is Civil Rights Legislation
Seven must-have provisions for a comprehensive federal consumer data privacy law - without such a law, America can’t have “liberty and justice for all.”

The Year of Section 702’s Reauthorization: A Reply on “Back Door” Searches
There are targeted, sensible reforms regarding use of Section 702-acquired information by the FBI for non-national security investigations that would avoid throwing the baby out…