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FISC

FISA Court Order in Response to Inspector General Report

Gordon Ahl   Tue, Dec 17, 2019, 3:43 PM

In response to the Justice Department inspector general report on the Russia investigation, the Foreign Intelligence Surveillance Court has issued an order requiring the government to provide a sworn written statement by Jan. 10, 2020 on what the Justice Department has done and plans to do to ensure that statements of fact in each FISA application filing to the court are complete and accurate. The document is available here and below.

FISA: 702 Collection

The Merits of Supporting 702 Reauthorization (Despite Worries About Trump and the Rule of Law)

Jack Goldsmith, Susan Hennessey   Thu, Jan 18, 2018, 9:20 AM

The Senate voted by a razor-thin margin Tuesday to invoke cloture on the FISA Amendments Reauthorization Act of 2017, which would reauthorize for six years Section 702 of the Foreign Intelligence Surveillance Act. The bill includes some significant changes to 702, though the reforms are substantially more modest than those sought by privacy advocates.

FISA Reform

FISA Section 702 Reauthorization Resource Page

Sarah Tate Chambers, Matthew Kahn, Chinmayi Sharma   Tue, Jan 9, 2018, 1:30 PM

Last month, Congress extended the Dec. 31 deadline to reauthorize Section 702 of the FISA Amendments Act until Jan. 19. With 10 days to go and an expected flurry of legislative activity before a final bill passes and is signed, Lawfare will be collating relevant documents, including draft bills and amendments, on this resource page.

FISA Reform

The Year in Review: FISA Section 702

Matthew Kahn   Wed, Dec 27, 2017, 8:00 AM

Lawfare carried comprehensive coverage of this year’s developments in the lead up to the Dec. 31, 2017 reauthorization deadline for Section 702 of the FISA Amendments Act (along with the other provisions of the law’s Title VII). The government bought itself a few more weeks in last week’s continuing resolution to extend government spending, when Congress and the White House pushed the deadline for reauthorization forward to Jan. 19 of next year.

Politics & National Security

Congress Buys Itself Another Three Weeks on Section 702

Matthew Kahn   Fri, Dec 22, 2017, 1:17 PM

On Dec. 21, the House and Senate voted 238-188 and 66-32, respectively, to pass a concurring resolution extending government funding until Jan. 19, 2018. One provision of that bill extended the FISA Amendments Act Section 702 reauthorization deadline to that date. Section 702 was previously set to sunset on Dec. 31, 2017. The relevant provision is included below. (Note: The date specified in Section 106(3) is Jan. 19.)

FISA Reform

The High Stakes of Misunderstanding Section 702 Reforms

Shreve Ariail   Wed, Dec 6, 2017, 7:00 AM

In less than a month, Section 702 of the Foreign Intelligence Surveillance Act (FISA) is set to expire. As the clock runs out on one of the U.S. government’s most important counterterrorism and counterintelligence tools, public discussion of the program and possible legislative changes remain mired in misunderstandings, misrepresentations, and political sound bites.

FISA Reform

In Defense of Including ‘Unmasking’ Protections in Law

Stewart Baker   Mon, Dec 4, 2017, 12:00 PM

The effort to renew Section 702 of the Foreign Intelligence Surveillance Act (FISA) may turn on a partisan fight over the “unmasking” rules that govern the disclosure of U.S. person identities in intelligence reports. Both the House intelligence and judiciary committees have proposed to write those rules into law for the first time. Speaking for many House Democrats, Rep. Jim Himes (D-CT) decried the changes as “all in service of the utter B.S.

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