Foreign Intelligence Surveillance Act

Latest in Foreign Intelligence Surveillance Act

Foreign Intelligence Surveillance Act

ACLU Appeals Conviction in Case Involving FISA Section 702

Lawyers from the American Civil Liberties Union and federal public defenders filed an opening brief on behalf of Jamshid Muhtorov in the U.S. Court of Appeals for the Tenth Circuit. Mr. Muhtorov is an Uzbek political refugee residing in the United States who was convicted in June 2018 of three counts under 18 U.S.C. § 2339B, providing material support or resources to a foreign terrorist organization.

National Security Agency

Understanding the Deeper History of FISA and 702: Charlie Savage's Power Wars on Fiber Optic Cables and Transit Authority

NSA surveillance activity sometimes labeled "transit authority" is a very useful case study of the way in which legal and policy questions may be impacted by technological change.

Foreign Intelligence Surveillance Act

Surveillance Diplomacy

Now that some of the dust has settled in the wake of the revelations about NSA and GCHQ surveillance of foreign leaders, it is a good time for the United States to engage in a bit of surveillance diplomacy.  In other words, U.S. experts should be having conversations in public fora around the world about the who, what, and why of domestic and foreign electronic surveillance.  Although not all of the ambiguity about U.S. law has been put to bed by the USA FREEDOM Act (see the ACLU's recently filed case here and the Second Circuit/FISC split here), the U.S. electronic surveillance landscape is now clearer.  That means that the U.S. Government is in as good a position as it ever will be to discuss its surveillance laws and policies with foreign journalists, academics, think tanks, and other actors who influence public opinion.

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