Latest in surveillance


Alan Z. Rozenshtein on Digital Communications and Data Storage Companies as "Surveillance Intermediaries"

Alan Z. Rozenshtein, a former contributor to this site who now works at the Department of Justice, is well known to long-time Lawfare readers for his writing on many national security law topics, particularly on issues of national security law in cyber-related topics. Alan has just posted to SSRN a very interesting and important article on the issues raised by government surveillance in an era that today is perhaps most memorably characterized by the legal standoff between Apple and the Department of Justice over unlocking the cell phone of one of the San Bernardino terrrorists.


Historical Context for Today's Surveillance Debates: The 1945 Legal Memo on What Became Operation Shamrock

Section 702 is coming up for renewal later this year, and it is clear we'll be hearing a lot in that context about the impact of SIGINT collection activities on US person communications. When that topic comes up, inevitably there follows at least a brief reference to the Church Committee's exposure of Operation SHAMROCK and Operation MINARET. In light of all this—or perhaps just because I love archival finds—I'm writing this post to capture some 1940s history that helps us better understand those 1970s revelations—and how if at all they pertain to today's controversies.


Surveillance’s Future: A Pragmatic Take from the Center for a New American Security

The 2016 election has sharpened debate around the reauthorization of Section 702 of the FISA Amendments Act of 2008, which will sunset in 2017. A new report by the Center for a New American Security (CNAS) offers balanced guidance on 702 and other issues at the intersection of surveillance, security, economics, and privacy.


NSA Contractor Arrested for Stealing Classified Info

Hot on the heels of a New York Times story revealing that an NSA contractor was arrested in August for theft of classified info, DOJ has just released some initial details of an arrest that seems sure to be about this situation (the press release is not posted on their site yet, but the press office has circulated by email a statement along with the FBI affidavit underlying the arrest warrant application).

Aegis Paper Series

Go Big, Go Global: Subject the NSA’s Overseas Programs to Judicial Review

PDF version

The next round of surveillance reform is a time for the United States to go big – and to go global. We should get out of our defensive crouch and show the world how to balance robust intelligence capabilities with rules to protect privacy and civil liberties in the digital age.

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