Latest in NSA

FISC

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.

Documents

Document: Joint Intelligence Community Statement on ‘Likely Russian’ Role in SolarWinds Incident

On Jan. 5, 2021, the Cybersecurity and Infrastructure Security Agency released a joint statement, along with the Federal Bureau of Investigation, the Office of the Director of National Intelligence and the National Security Agency on the ongoing efforts of the recently created task force known as the Cyber Unified Coordination Group.

National Security Agency (NSA)

How Did a Trump Loyalist Come to Be Named NSA General Counsel—And What Should Biden Do About It?

Trump political appointee Michael Ellis has been named to an important career position. Congress should investigate the suspicious circumstances of the selection, and the Biden transition should think carefully about what to do on Jan. 20.

Surveillance: Snowden NSA Controversy

The Justice Department Sues Edward Snowden

The Justice Department has filed a civil complaint against Edward Snowden alleging that he violated non-disclosure agreements he signed with the CIA and NSA by both giving interviews he and failing to submit his new book for pre-publication review. The government is also suing the publisher of Snowden’s book to ensure that no profits from book sales are transferred to Snowden before the suit is resolved. The complaint can be read here and below.

Five Eyes

Newly Disclosed NSA Documents Shed Further Light on Five Eyes Alliance

In July 2017, Privacy International and Yale Law School’s Media Freedom & Information Access Clinic (MFIA) filed a lawsuit against the National Security Agency, the Office of the Director of National Intelligence (ODNI), the State Department, and the National Archives and Records Administration seeking access to records related to the Five Eyes alliance under the Freedom of Information Act.

Cybersecurity

The NDAA FY'18's Cyber Provisions: What Emerged from Conference?

The next National Defense Authorization Act (the NDAA FY’18) is nearing the finish line. A Conference Report is now available, and so the time has come for a closer look at some of the key provisions of interest to Lawfare readers. My colleague Scott Anderson is going to post a broad overview shortly. For my part, I’d like to walk you through the “Cyberspace-Related Matters” section (sections 1631-1649C).

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