Latest in FISA

fisa court

Office of the Director of National Intelligence Releases Section 702 Documents and Opinions

The Office of the Director of National Intelligence released partially redacted documents related to the Foreign Intelligence Surveillance Court’s (FISC) authorization of the 2018 certifications under Section 702 of the Foreign Intelligence Surveillance Act (FISA). The FISC initially approved most parts of the certification, but ruled that other aspects of the FBI protocols concerning information regarding U.S. persons were inadequate.

Congress

Livestream: The House Judiciary Committee Holds a Hearing on FISA Oversight

The House Judiciary Committee will hold a hearing on "Oversight of the Foreign Intelligence Surveillance Act" at 10:00 a.m. on Wednesday. The hearing will feature testimony from Brad Wiegmann, Deputy Assistant Attorney General at the Department of Justice, National Security Division; Michael Orlando, Deputy Assistant Director of Federal Bureau of Investigation, Counterterrorism Division; and Susan Morgan from the National Security Agency.

Executive Order 12333

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

Just before John Brennan ended his term as director of the CIA in 2017, his agency issued a new set of guidelines under Executive Order (EO) 12333, the general charter that governs the intelligence community. Entitled “Central Intelligence Agency Intelligence Activities: Procedures Approved by the Attorney General Pursuant to Executive Order 12333,” the guidelines received little attention.

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.

surveillance

The NSA and the USA Freedom Act

The National Security Agency has announced a startling failure in the implementation of the USA Freedom Act of 2015. According to a public statement released by NSA on June 28, the call detail records that NSA has been receiving from telephone companies under the Act are infected with errors, NSA cannot isolate and correct those errors, and so it has decided to purge from its data repositories all of the CDRs ever received under the Act.

FISA: 702 Collection

A Way Forward on Section 702 Queries

The legislative debate over Section 702 of the Foreign Intelligence Surveillance Act has ended with passage of a six-year reauthorization that omitted many of the provisions privacy advocates had argued were necessary. But the legal and policy debate is likely to continue in the U.S. and in European courts.

We took different positions in the overall debate on Section 702. But we agree that there is an important step the U.S. government can take now to bolster transparency and accountability within the program without unduly burdening legitimate intelligence activities.

FISA: 702 Collection

The Merits of Supporting 702 Reauthorization (Despite Worries About Trump and the Rule of Law)

The Senate voted by a razor-thin margin Tuesday to invoke cloture on the FISA Amendments Reauthorization Act of 2017, which would reauthorize for six years Section 702 of the Foreign Intelligence Surveillance Act. The bill includes some significant changes to 702, though the reforms are substantially more modest than those sought by privacy advocates.

FISA Reform

The Year in Review: FISA Section 702

Lawfare carried comprehensive coverage of this year’s developments in the lead up to the Dec. 31, 2017 reauthorization deadline for Section 702 of the FISA Amendments Act (along with the other provisions of the law’s Title VII). The government bought itself a few more weeks in last week’s continuing resolution to extend government spending, when Congress and the White House pushed the deadline for reauthorization forward to Jan. 19 of next year.

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