In 2009, the discovery of a major complaince incident shook NSA to its core. This is the story of how it came to pass and what happened next.
Latest in FISA
I have very little sense of what really happened between the government, Yahoo and the FISA court. So I'm going to wait to have an opinion until I actually know something. So should everyone else.
One of the foundational questions in surveillance law is how to distinguish between the contents of communications and non-content metadata. Identifying the line between the two is critical. Earlier this week, the ODNI declassified an April 2016 FISCR decision that adopts an approach to the distinction in some tension with a recent Third Circuit case.
If investigators had wanted to obtain authorization to conduct electronic surveillance or physical search of Omar Mateen, could they have?
The Senate Judiciary Committee holds a hearing on "Oversight and Reauthorization of the FISA Amendments Act."
In Defense of FAA Section 702: An Examination of its Justification, Operational Employment, and Legal Underpinnings
The tension between a Nation-state’s need to detect and interdict threats to life, safety and property inevitably conflict with the privacy interests of its individual citizens and private sector entities. Increased flattening and convergence of global communications will continue to exacerbate this tension, as Nation states seek to pursue these twin goods within the common spaces shared by protected populations and those who would hold society at risk.
The Office of the Director of National Intelligence released three redacted Foreign Intelligence Surveillance Court opinions (FISC) yesterday.
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.
According to a recently declassified Inspector General report, when the NSA conducts Internet surveillance pursuant to its Section 702 authority, companies are only required to hand over emails to, from, or about the NSA's foreign targets and not all data corssing their servers.