Five observations about the Department of Justice Inspector General's report on the Crossfire Hurricane investigation.
Latest in FISA: Reform
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.
The House Judiciary Committee will hold a hearing today starting at 10am on the renewal of Section 702 of the Foreign Intelligence Surveillance Act. Earlier in 2016, Lawfare, in conjunction with the Hoover Institution’s National Security Working Group, produced a number of papers on the subject. Lawfare readers may be interested in reviewing them in connection with today’s hearing:
Editor's Note: A full version of this paper, complete with citations, can be found here.
The court fight between Apple and FBI over access to a terrorist iPhone is just the latest chapter in the long-running tension between security professionals trying to get access to information and communications companies who hold user data. The debate is often framed as a balance between government power and individual privacy. Frequently overlooked is the critical role of the communications companies, who as physical and legal gatekeepers regulate government access to private information.
The Privacy and Civil Liberties Oversight Board (PCLOB) released its most recent Recommendations Assessment Report on Friday, February 5th. The Recommendations Assessment Report follows up on the 22 recommendations made by the board in its 2014 reports on the government's Section 215 and Section 702 surveillance programs. Those reports aimed to "ensure that these programs appropriately balance national security with privacy and civil liberties."
In my last post, I argued that surveillance reform is the only way to ensure continued data flows between the US and the European Union. In this post, I will begin to explore whether there is a practical way to amend US surveillance law that might satisfy the concerns expressed by the Court of Justice of the European Union (CJEU) in Schrems v. Data Protection Commissioner.
Now that the Senate has passed—and the President has signed—the USA FREEDOM Act, we thought it might be a good idea to recap what exactly the new law does and does not do.
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.