Latest in FISC

Section 702

Can NSA Drop "About" Collection Without Gutting "To/From" Collection?

The mystery as to why there was no Section 702 application or certification reported for 2016 has now been solved (I'm assuming readers know today's big 702 news, flagged by Quinta here, and as explored in detail by Charlie Savage in this article): NSA has been struggling to resolve a problem with "about" collection under the Upstream heading, including in particular a problem with analysts quering the fruits of that c

FISA

In Rare En Banc Session, Surveillance Court to Reconsider Whether ACLU Can Seek Release of Documents

All 11 judges on the Foreign Intelligence Surveillance Court will rehear an ACLU claim that it has standing to assert a First Amendment right to see FISC decisions upholding the government’s bulk data collection program.

The hearing appears to be just the second time in the FISC’s history that it has publicly stated that it will meet en banc (it is unclear whether it has held secret en banc sessions).

FISA: 215 Collection

ODNI and DOJ Release Last Section 215 Collection Order

On Friday, the Foreign Intelligence Surveillance Court authorized the extension of the NSA's collection of bulk telephony metadata under Section 215 of the USA Patriot Act until November 29th, 2015—the latter date marking the end of a transition to new, narrower surveillance rules imposed by the USA Freedom Act.

The Cyberlaw Podcast

Steptoe Cyberlaw Podcast, Episode #74: An Interview with Catherine Lotrionte

Our guest commentator for episode 74 is Catherine Lotrionte, a recognized expert on international cyberlaw and the associate director of the Institute for Law, Science and Global Security at Georgetown University. We dive deep on the United Nations Group of Government Experts, and the recent agreement of that group on a few basic norms for cyberspace. Predictably, I break out in hives at the third mention of “norms” and default to jokes about “Cheers.”

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