Here is an explainer of the data presented in three intelligence community reports released in April regarding the continuing decline in the use of national surveillance authorities over the past two years.
Latest in FISC
The inspector general’s latest report on FISA implementation at the FBI is not as bad as it looks, but it’s not good either.
To Oversee or to Overrule: What is the Role of the Foreign Intelligence Surveillance Court Under FISA Section 702?
Is the FISC failing its responsibilities with respect to the function it performs in the Section 702 program? Given the role the FISC is intended to play with respect to its oversight of the Section 702 program, the answer is no.
The Office of the Director of National Intelligence, in conjunction with the Justice Department, released a March 5 opinion from the Foreign Intelligence Surveillance Court. The opinion pertains to a proposed novel electronic surveillance technique and its compliance with Title I of the Foreign Intelligence Surveillance Act. The opinion can be found here and below.
We propose a solution to fix the perceived defects in U.S. surveillance law identified recently by the EU’s judicial branch.
The department argues that a provision giving greater power to amici arguing before the FISA Court could endanger national security. That argument strains credulity.
The House passed a bipartisan FISA reform bill. What are the substantive changes the bill proposes?
The Foreign Intelligence Surveillance Court (FISC) on Wednesday largely accepted changes the FBI plans to make to its process for seeking warrants. The court also temporarily barred some FBI officials mentioned in the Office of the Inspector General's report from appearing before the court.
In response to the Justice Department inspector general report on the Russia investigation, the Foreign Intelligence Surveillance Court has issued an order requiring the government to provide a sworn written statement by Jan. 10, 2020 on what the Justice Department has done and plans to do to ensure that statements of fact in each FISA application filing to the court are complete and accurate. The document is available here and below.
The director of the Administrative Office of U.S. Courts released the following report on the Foreign Intelligence Surveillance Court’s activities during 2017. The report states that the FISC received 1,614 applications—granting 1,147, modfying 391 in part, denying 50 in part, and denying 26 in full.