USA Freedom Act

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Rep. Adam Kinzinger (R-IL), and Rep. Jamie Raskin (D-MD) listen to testimony from DC Metropolitan Police Department Officer Michael Fanone before the House Select Committee investigating the January 6 attack on US Capitol on July 27, 2021 at the U.S. Capitol in Washington, DC.

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.
Woman's hand showing world communication hologram with digital interface technology.

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.
) Former intelligence contractor Edward Snowden poses for a photo during an interview in an undisclosed location in December 2013 in Moscow, Russia.

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…
Protesters march during the Stand Against Racism and Islamophobia: Fraser Anning Resign! rally on March 19, 2019 in Melbourne, Australia. A banner reads, “Mourn the dead. Fight for the living.” and lists the names of those murdered in the Christchurch terror attacks on Friday, March 15, 2019.

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.
The National Security Agency (NSA) headquarters at Fort Meade, Maryland, as seen from the air, January 29, 2010.

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.
Committee Chairman Rep. Bob Goodlatte (R-VA) and ranking member Rep. John Conyers (D-MI) participate in a markup hearing before the House Judiciary Committee March 29, 2017 on Capitol Hill in Washington, DC.

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…
Just Security

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,…
Just Security

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…
Just Security

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…
Just Security

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…
Just Security

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…
Just Security

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…
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