Latest in FISA

Executive Order 12333

What Does ‘Collection’ Mean? Discretion and Confusion in the Intelligence Community

Intelligence agency procedures have varied both within and across agencies in the intelligence community—making it difficult for Congress, the public and even the agencies themselves to determine the scope of intelligence gathering.

The National Security Law Podcast

The National Security Law Podcast: A Deep Dive Into…the Foreign Intelligence Surveillance Act

Welcome to part one of a two-part deep-dive series concerning FISA! In this episode, Professors Chesney and Vladeck begin with the history and context leading up to the creation of the Foreign Intelligence Surveillance Act of 1978 and then explain the central features of the statute and some of the key issues that arose during its first two decades. Part two (episode 97), which carries the story forward to the present, will post tomorrow!

Oh, hey, while we have your attention: Yes, there was another two-week extension in Doe v. Mattis.

 

FISA: 702 Collection

What Should Senator Wyden Ask About Section 702 Now?

In light of Director of National Intelligence Dan Coats’s argument that quantifying the collection of U.S. person communications under Section 702 would exhaust agency resources and threaten privacy rights, here are four questions that Senator Wyden should ask now to establish why an estimate has not been provided and what could be done to encourage such an estimate in the future.

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