FISA reform

Latest in FISA reform

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.

Intelligence Oversight

New Rules for SIGINT Collection in Germany: A Look at the Recent Reform

Those following the Section 702 reauthorization debate may be interested in Germany’s recent intelligence reforms. One aspect of particular interest—which I also focus on in a new paper—is new limits on the collection of data from non-nationals outside of Germany, enforced in part by a new judicial oversight mechanism.

Context: Germany’s recent intelligence reform process

Aegis Paper Series

Go Big, Go Global: Subject the NSA’s Overseas Programs to Judicial Review

PDF version

The next round of surveillance reform is a time for the United States to go big – and to go global. We should get out of our defensive crouch and show the world how to balance robust intelligence capabilities with rules to protect privacy and civil liberties in the digital age.

The Lawfare Podcast

The Lawfare Podcast: Surveillance Reform After Snowden

Last week, the Center for Strategic and International Studies hosted Ben, along with Laura Donohue of Georgetown law school, former NSA Director Michael Hayden, and Robin Simcox of the Henry Jackson Society, to discuss the future of surveillance reform in a post-Snowden world. What have we learned about NSA surveillance activities and its oversight mechanisms since June 2013? In what way should U.S. intelligence operations be informed by their potential impact on U.S. on economic interests?

FISA

Congress Should Declassify the Legislative Negotiations Over the FISA Amendments Act

On October 5, Third Way and the R Street Institute sent a joint request to the respective leaders of the House and Senate intelligence committees. The letter asks the committees to declassify records of the legislative negotiations leading up to passage (and subsequent reauthorization) of the FISA Amendments Act (FAA) of 2008.

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