Surveillance

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A Palestinian worker gets his temperature checked as he returns home via the Mitar checkpoint in the occupied West Bank city of Hebron, along with fellow workers, on March 25, 2020. The person checking his temperature uses a no-contact thermometer and wears gloves and a full body jumpsuit with hood.

Intelligence, Surveillance, and Ethics in a Pandemic

It is imperative that States and their citizens question how much freedom and privacy should be sacrificed to limit the impact of this pandemic.
People cross a street with cars. There are more street lights than seems needed for such a small street. There are numbers and waves of circles overlaid the image.

How to Think About the Right to Privacy and Using Location Data to Fight COVID-19

"Government officials need to listen to stakeholders and technologists who are not trying to promote private companies’ interests in infection control programs."
Trump speaks during a briefing on the coronavirus pandemic, in the press briefing room of the White House on March 24, 2020 in Washington, DC. Pence stands behind him. Neither wear face masks.

Keeping an Eye on the Civil Liberties Impact of Trump’s Coronavirus Response

Now is the time to be vigilant for attempts to leverage the crisis to obtain or retain powers that unnecessarily infringe on rights and liberties.
Two Government Technology Agency (GovTech) staff members demonstrate Singapore's new contact-tracing smarthphone app called TraceTogether, as a preventive measure against the COVID-19 coronavirus in Singapore on March 20, 2020.

COVID-19 Surveillance Must Not Be Used as an Excuse to Entrench Surveillance

While the pandemic requires strong responses, we need to ensure that States do not normalize oppressive surveillance and undermine human rights more widely, including the right…
Woman's hand showing world communication hologram with digital interface technology.

Improve FISA on Civil Liberties by Strengthening Amici

A series of recommendations could position amici to make forceful civil liberties and privacy arguments, effecting change from within the FISA court system.
FBI Building in Miami, Florida.

Deciphering the FISC’s Order on the Carter Page FISA Application

What will the Justice Department do in response to what it's learned about the FBI’s flawed application to wiretap Carter Page?
Justice Department Inspector General Michael Horowitz testifies about the Inspector General's report on alleged abuses of the Foreign Intelligence Surveillance Act (FISA) during a Senate Judiciary Committee hearing on Capitol Hill in Washington, DC, December 11, 2019.

Pumping the Brakes a Bit on FISA “Reform”

Critics of FISA on both the left and the right are seizing on the DOJ inspector general's report as an opportunity to significantly alter FISA.
Justice Department Inspector General Michael Horowitz testifies about the Inspector General's report on alleged abuses of the Foreign Intelligence Surveillance Act (FISA) during a Senate Judiciary Committee hearing on Capitol Hill in Washington, DC, December 11, 2019.

Fixing FISA after the Carter Page Report

[Just Security is publishing a series on concrete proposals for FISA reform. This series is in conjunction with a public event that we are organizing with the Reiss Center on…
Puzzle Pieces with the American and United Kingdom flags and wires

Correcting the Record: Wiretaps, the CLOUD Act, and the US-UK Agreement

Over at Stanford CIS blog, Albert Gidari takes aim at the wiretap-related provisions in the US-UK CLOUD Act Agreement – which Peter Swire and I wrote about separately here. He…
U.S. Capitol Building

How to Address Newly Revealed Abuses of Section 702 Surveillance

Last week's FISA Court opinions provide even more evidence that the current system fails to adequately protect Americans’ privacy.
FBI Building in Miami, Florida.

The FISA Court’s Section 702 Opinions, Part II: Improper Queries and Echoes of “Bulk Collection”

Part II discusses the the FBI’s improper queries of Section 702 communications—as well as the FISA Court’s unsatisfactory solution for bringing the FBI into compliance with…
American flags fly over the Federal Bureau of Investigation (FBI) building on July 18, 2001 in Washington, D. C.

The FISA Court’s 702 Opinions, Part I: A History of Non-Compliance Repeats Itself

This is now the fourth major FISA Court opinion on Section 702 in 10 years documenting substantial non-compliance with the rules meant to protect Americans’ privacy.
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