One way to predict the likelihood that Senate Majority Leader Mitch McConnell will achieve the simple majority or supermajority needed for "clean" reauthorization of Section 702 is by looking at the voting history of serving senators.
Latest in Foreign Intelligence Surveillance Act
An overview of the significance of the first major government surveillance reform legislation in decades.
Materials of interest to Lawfare readers regarding the House Judiciary Committee's hearing this morning on Section 702 of the Foreign Intelligence Surveillance Act
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.
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.