Having gained no purchase in federal district courts in countering NSA’s telephony metadata program, privacy activists are attempting a different strategy: taking the fight directly to the United States Supreme Court.
Back in July, the Electronic Privacy Information Center (EPIC) … Read more »
As Yahoo News reports,the Foreign Intelligence Surveillance Court has published an order granting Yahoo and the government’s joint motion to allow Yahoo pre-publication access to FISC documents after declassification.
… Read more »
Now we know: the Foreign Intelligence Surveillance Court bounces a quarter of the government’s applications for surveillance orders. This according to statistics released this week by the court’s chief judge, Reggie Walton, in a letter to Senator Patrick Leahy, … Read more »
In July, the Foreign Intelligence Surveillance Court undertook to collect more detailed statistics than those required by the Foreign Intelligence Surveillance Act. Among other things, the latter calls for an annual tally of surveillance applications made, and a tally of … Read more »
Over at Foreign Policy, Shane Harris has a piece suggesting that folks at NSA feel abandoned by President Obama’s failure to defend the agency aggressively:
Gen. Keith Alexander and his senior leadership team at the National Security Agency are
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For the Senate Intelligence Committee hearing yesterday, I prepared a written statement for the record, and I had intended merely to summarize that statement in my oral presentation. Two things happened that caused me to tear up my … Read more »
The following is my my prepared statement for today’s hearing of the Senate Select Committee on Intelligence. The hearing, which is beginning at this hour, concerns reform of the Foreign Intelligence Surveillance Act.
Thank you, Chairman Feinstein, Vice Chairman … Read more »
Our piece last night summarizing the just-released FISC opinion on Section 215 bulk metadata collection unleashed a storm of protest that caught us a little by surprise. In particular, Marcy Wheeler (aka emptywheel) went medieval on our repetition of FISC … Read more »
It is available here. It is dated August 29 and includes a “primary order” dated July 19. It deals with the legality of the telephony metadata program under Section 215. I have not read it yet but will do … Read more »
Over at the Washington Post, Barton Gellman has a Snowden-sourced piece revealing that the NSA “has broken privacy rules or overstepped its legal authority thousands of times each year since Congress granted the agency broad new powers in 2008.”… Read more »
Last Friday I asked how NSA Director Alexander’s claim that “we can audit the actions of our people 100%” was consistent with USG uncertainty about what Snowden stole and with its claims that it was “putting in place actions” to … Read more »
Here’s the “Primary Collection Order” authorizing the collection of telephone metadata, signed by FISC Judge Roger Vinson (signed April 25 and expiring on July 19th, 2013), declassified.
Also declassified and posted are two reports on the NSA’s bulk collection under … Read more »
Gary Schmitt has an interesting piece in the Weekly Standard that argues for eliminating FISC oversight of executive branch surveillance and instead ramping up congressional oversight. He maintains that the FISC is hopelessly compromised because of secrecy, is constitutionally problematic, … Read more »
Wells blogged on Monday about EPIC’s new original filing in the Supreme Court, seeking mandamus, prohibition, or certiorari from the Justices to review Judge Vinson’s now-leaked FISA Court order with regard the section 215 request for Verizon’s “business records.” … Read more »
Over at the Volokh Conspiracy, Professor Orin Kerr has a thought-provoking post on one route to reform of the Foreign Intelligence Surveillance Court: have Congress give an adversarial role to the Oversight Section at DOJ’s National Security Division, such … Read more »
[Editor's Note: Carrie Cordero is a frequent Lawfare guest poster, a former Justice Department official, and currently Director of National Security Studies at Georgetown University Law Center]
As someone who previously practiced before the FISA Court, my first reaction … Read more »
NSA General Counsel Rajesh De gave the following address at Georgetown Law School on Wednesday:
Rajesh De, General Counsel, National Security Agency
Georgetown Law School, February 27, 2013
(as prepared for delivery)
Thank you for the introduction and
… Read more »
As Wells reported, the Supreme Court issued its opinion in Clapper v. Amnesty International USA this morning. By a 5–4 vote, it held that a group of human rights organizations, lawyers, activists, and journalists lacked standing to challenge the … Read more »
The Supreme Court apparently concluded, in a 5-4 decision, that plaintiffs lack standing to challenge certain government surveillance programs.
Here’s some background on the case; we’ll post the opinion as soon as we get a copy.
UPDATE [11:25 a.m.]: … Read more »
Recent events have accelerated a discussion focused around creating a special court to oversee the execution of targeted killings against suspected terrorists. Some Lawfare contributors have weighed in on the idea (see here for Steve’s argument against such a court, … Read more »