Surveillance
695 Articles
FISC OKs Section 215 Investigations of Americans, Despite First Amendment
The Foreign Intelligence Surveillance Court declassified an opinion today which, although highly redacted, illuminates the way at least one Judge is interpreting his mandate to…
Intercept Reporting Raises Broader Metadata Minimization Question
Does the NSA minimize Americans metadata? Today’s reporting by the Intercept calls into question whether the NSA minimizes so-called metadata relating to Americans’ digital…
ODNI’s Civil Liberties Protection Officer Sets Forth Defense of 12333 Surveillance
Earlier this month, New York Times reporter Charlie Savage covered public criticisms made by John Napier Tye, a departing State Department official, of the NSA’s collection…
Executive Order 12333, Notice, and the Due Process Rights of Criminal Defendants
In a world of electronic surveillance and secret searches, notice is more essential than ever. Notice allows criminal defendants to test whether the government’s evidence was,…
Spying Among Friends: The Troubled Waters of the CIA and BND
The rapid erosion of US-German relations continues to prompt much attention and consternation on both sides of the Atlantic. The new era urged by presidential candidate Barack…
Myth Busting?: NSA Mass Foreign Surveillance Over 30 Years Ago
NSA surveillance, in the context of post-9/11 counterterrorism, is often characterized by an exceptional technological capacity and strategic commitment to “Collect It All.”…
Updated developments regarding FAA Section 702 and related matters
I’ve published a couple of posts here tracking some of the more important recent developments respecting Section 702 of the FISA Amendments Act of 2008. This post is an…
New Report on the Costs of NSA Surveillance
On the same day Senator Leahy introduced an updated USA FREEDOM Act [and don’t miss Jennifer Granick’s analysis of the bill], the New America Foundation‘s Open…
Sen. Leahy’s Latest NSA Bill: The Good, The Bad, and The Ugly
This morning, Senator Patrick Leahy released a new version of the USA Freedom Act, a bill intended to reform NSA surveillance following Edward Snowden’s revelations that the…
Senator Leahy Introduces Updated Version of the USA FREEDOM Act
This morning, Senator Leahy (D-Vt) introduced an updated version of the USA FREEDOM Act (full text). If you recall, in May, the House passed a version of the USA FREEDOM Act…
Status of Int’l Human Rights Law in Domestic Surveillance: What the HRW/ACLU report reveals about officials’ views
This morning, Human Rights Watch and the ACLU released a joint report on the chilling effects of domestic surveillance. The report examines, in particular, the impact of surveillance…
All The Pieces Matter: Bulk(y) Collection Under §702
In a recent guest post, Chairman David Medine of the Privacy and Civil Liberties Oversight board gamely responds to several questions about §702 surveillance posed by my co-blogger…