FISA reform
FISA Section 702 (2008-2023?)
U.S. intelligence agencies rely on Section 702 of the Foreign Intelligence Surveillance Act to monitor more than 200,000 overseas targets. But will next year be its last?
Adam Klein is Director of the Robert Strauss Center for International Security and Law at the University of Texas at Austin. Until June 2021, he served as Chairman of the U.S. Privacy and Civil Liberties Oversight Board, an independent federal agency that oversees counterterrorism and intelligence programs.
Subscribe to this Lawfare contributor via RSS.
U.S. intelligence agencies rely on Section 702 of the Foreign Intelligence Surveillance Act to monitor more than 200,000 overseas targets. But will next year be its last?
In light of the Inspector General’s latest report, how worried should we be about the state of the FISA process?
A set of 19 complete FISA applications offered a chance to form impressions about what these applications contain, and how the information is presented, across different FBI agents and government attorneys and over a span of five years.
Americans are rediscovering the power of federal and state governments to enforce quarantine and isolation in the midst of the pandemic.
Why didn’t the United States invade Afghanistan and destroy Al Qaeda before September 11, 2001?
One of the most hotly debated aspects of Section 702 is the practice of querying 702-acquired data using U.S.-person identifiers—in particular, queries conducted by the FBI in non-national-security criminal investigations. Some label these “backdoor searches,” although the Foreign Intelligence Surveillance Court has held that such queries are not searches that trigger the Fourth Amendment’s warrant requirement.
As Bobby and others have already noted, the NSA announced Friday that it is ending “about” collection under Section 702’s upstream component.