Surveillance
697 Articles
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.
Constitution Day 2019: The Hidden Domestic Surveillance Crisis
As we mark the 232nd anniversary of the signing of America’s governing charter, we have ample evidence that it continues to be violated by the federal officials charged with…
EU Court of Justice Grapples with U.S. Surveillance in Schrems II
Earlier this month, the Court of Justice of the European Union heard argument in Schrems II, a case that could limit companies’ ability to transfer data into the United States…
Iraq ‘Dirty Tricks’ Tale Gets Star Treatment, But Big Questions Remain
The dramatic but little-told story of a British intelligence whistleblower who tried to raise the alarm over a questionable spying campaign to bolster the cause for the Iraq War…
Outside the Beltway: An Experiment on Human Rights & Potential CLOUD Act Agreements
What questions remain in assessing the human rights concerns of potential CLOUD Act agreements? How would executive branch lawyers approach these questions?
When Constitutional Law and Government Hacking Collide: A Landmark U.K. Ruling Is Relevant on Both Sides of the Pond
The U.K. Supreme Court's landmark judgment in R (Privacy International) v Investigatory Powers Tribunal and others sets an important precedent for oversight of questions of law…
Journalist Watchlist Raises Specter of Civil Rights-Era Secret Surveillance
Throughout his campaign and now his presidency, historians have drawn parallels between President Trump’s treatment of the news media and the Nixon White House’s efforts to…
Scientists Are Aiding Apartheid in China
The international forensic genetic research community has failed to exercise due diligence in their cooperation with Chinese Ministry of Public Security researchers on forensic…