Surveillance
680 Articles

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.

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."

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.

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…

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.

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?

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.

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…

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…

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.

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…

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.