Surveillance
698 Articles
Questions Congress Should Ask About Section 702
After passing a surveillance reform bill last year, Congress appears poised to turn to examine another controversial surveillance authority — Section 702 of FISA. Using Section…
Why We Need to Reevaluate How We Share Intelligence Data With Allies
Last week, Canadians learned that their foreign signals intelligence agency, the Communications Security Establishment (CSE), had improperly shared information with their American,…
Cryptopanic and James Comey’s Xanatos Gambit
For the past year or so I’ve been part of a cybersecurity working group at Harvard’s Berkman Center that on Monday released its first public report, Don’t Panic: Making Progress…
Moving Beyond the “Going Dark” Frame
For more than a year now, this site has posted dozens of articles critiquing the US government’s claims that it needs a method of accessing encrypted digital communications…
The Way Forward for Surveillance Reform Can Balance Human Rights and Government Needs
The fall of 2015 was marked by two key developments in the debate about laws on communications surveillance and the right to privacy. First, on October 6, the EU Court of Justice…
The European Court of Human Rights Constrains Mass Surveillance (Again)
In a decision that may someday be considered the penultimate nail in the coffin that European courts have been building for mass surveillance, the European Court of Human Rights…
USA Freedom: The Rubber Meets the Road
The National Security Agency has released its Transparency Report on the implementation of the USA Freedom Act — as well as the minimization procedures to be used for the new…
Settlement of NYPD Muslim Surveillance Lawsuits: A Platform for Better Oversight
Last week, the City of New York agreed to settle two federal lawsuits challenging the NYPD’s surveillance of American Muslims, promising to reform the rules that govern how the…
Content Is Content, No Matter How Small
Recently, Orin Kerr and I had a brief conversation on Twitter regarding the Fourth Amendment and the content/non-content distinction. Specifically, Orin asked those of us who subscribe…
Congress Squawks as Surveillance Chickens Come Home to Roost
A year that has alternated between major surveillance reforms and calls for new spying laws in the wake of ISIS attacks is set to close with a pendulum swing back against NSA surveillance…
Ten National Security Oversight Issues to Watch in 2016
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
The “Snooper’s Charter” and Judicial Oversight
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…