FISA Section 702

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

The Year of Section 702’s Reauthorization: A Reply on “Back Door” Searches

There are targeted, sensible reforms regarding use of Section 702-acquired information by the FBI for non-national security investigations that would avoid throwing the baby out…
Futuristic data screen and hologram world map

The Year of Section 702 Reform, Part I: Backdoor Searches

Requiring a warrant for U.S. person queries honors the balance between security and liberty struck in the Fourth Amendment and ensures that Section 702 can’t be used to get around…
US President George W. Bush signs into law an anti-terrorism bill that expands police and surveillance powers in response to September 11 attacks on the World Trade Center and the Pentagon, 26 October 2001 in the East Room of the White House in Washington, DC. With Bush from left to right are Rep. Mike Oxley, R-OH, Sen. Orrin Hatch, R-UT, Sen Pat Leahy, D-VT, Sen. Harry Reid, D-NV, and Rep. James Sensenbrenner, R-WI.

Rethinking Surveillance on the 20th Anniversary of the Patriot Act

20 years ago, Congress enacted the PATRIOT Act. It's time to move on from that outmoded model of surveillance.
The headquarters of the Federal Bureau of Investigations (FBI) on a foggy morning on December 9, 2019 in Washington, DC.

The Future of U.S. Foreign Intelligence Surveillance

Massive warrantless surveillance endangers both constitutional rights and U.S. competitiveness in a global information marketplace. There’s only one solution to these sets of…
FBI Building in Miami, Florida.

ODNI’s 2019 Statistical Transparency Report: The FBI Violates FISA…Again

Buried in the ODNI's 2019 statistical transparency report—released on Thursday—is information about a major instance of non-compliance with the law that ODNI hasn’t previously…
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.
U.S. Capitol Building

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.
FBI Building in Miami, Florida.

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…
American flags fly over the Federal Bureau of Investigation (FBI) building on July 18, 2001 in Washington, D. C.

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.
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.

The Privacy and Civil Liberties Oversight Board’s Disappointing Report on PPD-28 Implementation

Edward Snowden’s revelations that the NSA engaged in massive spying operations overseas prompted outrage and political blowback from our closest allies. In an attempt to manage…

What Happened at the Court: The Hasbajrami Oral Argument on Section 702 of FISA and the Fourth Amendment

On August 27, the U.S. Court of Appeals for the Second Circuit heard argument in United States v. Hasbajrami, a case that raises several challenges to the constitutionality of…
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