Brief summaries of all 18 opinions.
Privacy Paradox: Rethinking Solitude
Privacy Paradox takes an unorthodox look at the law and policy of contemporary privacy: intelligence reform, the transatlantic divide over data protection and government data collection, and the incipient international law of privacy. What does the "right to be let alone" mean in a world in which we leave digital dust wherever we go and entrust our lives to companies we know to be exploiting our data for commercial gain? Do we want those companies to stand up to government or work with it—or both?
Section 702 reform need not infringe on the essential foreign intelligence needs of the intelligence community.
In light of Director of National Intelligence Dan Coats’s argument that quantifying the collection of U.S. person communications under Section 702 would exhaust agency resources and threaten privacy rights, here are four questions that Senator Wyden should ask now to establish why an estimate has not been provided and what could be done to encourage such an estimate in the future.
Pursuant to a FOIA request from the Electronic Frontier Foundation, the FISA Court has released 18 redacted opinions, each regarding FISA Section 702. The opinions are listed below.
Follow along as we liveblog this morning's Senate Intelligence Committee hearing on FISA Section 702, featuring testimony from Deputy Attorney General Rod Rosenstein; Acting FBI Director Andrew McCabe; Director of National Intelligence Daniel Coats; and National Security Agency Director Adm. Mike Rogers.
Yesterday the Supreme Court granted certiorari in Carpenter v. United States, a case with “enormous implications” for the fate of Fourth Amendment jurisprudence, specifically the hotly-debated “third-party” doctrine.
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.
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