FISA: Reform

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FISA: Reform

Senator Tom Cotton Introduces Bill to Make FISA Section 702 Permanent

Earlier today, Senator Tom Cotton (R-AR) introduced legislation to make permanent Section 702 and the other components of Title VII of the Foreign Intelligence Surveillance Act, along with a group of Republican Senators. 

Senator Cotton's press release on the bill is available here and below. Lawfare will publish the draft legislation once it becomes available.

Aegis Paper Series

Beyond Privacy & Security: The Role of the Telecommunications Industry in Electronic Surveillance

This paper examines this gatekeeper function US industry plays in surveillance and recommends surveillance reforms that will reinforce that function without denying necessary government access to information.

FISA

Why Is the Lone Wolf FISA Provision Never Used? And Just How Broad is the FISC Understanding of Group Agency?

Enactment of the USA Freedom Act means, among other things, that the government will continue to have the option of seeking a FISA order for electronic surveillance in the “lone wolf” scenario–i.e., the situation in which the government has probable cause to believe that a non-U.S.

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