Materials of interest to Lawfare readers regarding the House Judiciary Committee's hearing this morning on Section 702 of the Foreign Intelligence Surveillance Act
Latest in FISA: Reform
Section 702 was written to be an important intelligence tool, but drafters did not give sufficient consideration to (1) how the statute is applied in the law enforcement context and (2) how the statute impacts U.S. companies operating in foreign jurisdictions.
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.
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.
Is there 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
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.
Well, the USA Freedom Act is now law, which should have happened six months ago, and then should have happened a few weeks ago, and then should have happened a few days ago---but didn't.
Ben’s post from late last night highlights, among other things, “Amendment 1451,” one of the proposed revisions to the USA FREEDOM Act (
There may still be a few Lawfare readers who are not so disgusted with their legislature—and their legislators—that they are still following the Senate’s ongoing machinations over the USA Freedom Act. For those who can still contemplate the subject without nausea, here’s the state of play in a nutshell. The sunsetting provisions of the Patriot Act lapsed last night. But the Senate apparently is moving forward after-the-fact on a bill that is substantially similar—with a few differences—from the bill it could not move either six months ago or a week ago.