USA Freedom Act
34 Articles
In the Wake of the January 6 Attacks, Will Congress and the Administration Heed the Lessons of 9/11?
The need to respond forcefully to the insurrection should not be conflated with the need for new legal authorities.
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.
The Snowden Effect, Six Years On
Six years ago, the world was introduced to a previously unknown government contractor who revealed the National Security Agency (NSA) was conducting an unparalleled level of warrantless…
The Consequences of Legislating Cyberlaw After Terrorist Attacks
Hastily drafted laws passed under pressure tend to create new problems while doing little to counter threats from terrorists and violent extremists.
Fulfilling the Promise of the USA Freedom Act: Time to Truly End Bulk Collection of Americans’ Calling Records
The new Section 215 "call detail records" program is still ineffective and doesn't justify the privacy threats it poses.
The USA Liberty Act — aka Don’t Let the Constitutional be the Enemy of the Unconstitutional
The House Judiciary Committee has completed its markup of a major surveillance reform bill intended to better protect Americans’ privacy and enhance transparency. Responding…
FBI’s Push to “Fix a Typo” Would Really Expand Its Surveillance Authority
At last week’s Senate Intelligence Committee hearing on Worldwide Threats, FBI Director James Comey reiterated his call for a major expansion of the FBI’s surveillance authorities,…
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…
Cruz & Rubio’s Confusing USA Freedom Exchange
A few reporters have asked me about a slightly odd exchange between GOP presidential hopefuls Marco Rubio and Ted Cruz at last night’s primary debate, so I thought it might…
Bulk Collection Under Section 215 Has Ended… What’s Next?
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…
Judge Leon’s Poignant, Yet Pointless, Injunction in Klayman
A long time 12 days ago, I wrote a post sharply criticizing the Second Circuit for deciding not to decide the Fourth Amendment question in ACLU v. Clapper, which arises from the…
Orin Kerr’s Unconvincing Defense of Yesterday’s Second Circuit (Non-)Ruling
Over at the Volokh Conspiracy, my friend Orin Kerr has a thoughtful post up about yesterday’s Second Circuit decision in ACLU v. Clapper, which refused to enjoin the…