FISA Section 702 is up for reauthorization, and Congress is wringing its hands again. This time the monster in the closet is the incidental collection and unmasking of U.S. person communications.
Latest in FISA
Thoughts on sunsets before the House Judiciary Committee begins its two-part hearing tomorrow on reauthorizing Section 702 of FISA.
Ironically, the first victim of civil liberties abuse during the Trump administration may be Michael Flynn himself.
What is the future of foreign intelligence?
Watermelons and National Security: Protecting U.S. Foreign Intelligence Collection from Unnecessary Disclosure
Despite the governement's failure to pursue the argument in court, a close reading of statute and legislative history shows that foreign intelligence collection under the Foreign Intelligence Surveillance Act is categorically exempt from disclosure under FOIA.
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.
Our guest for episode 115 is Orin Kerr, GWU professor and all-round computer crime guru.