Internet Metadata Collection

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Internet Metadata Collection

Bulk NSA Internet Program Shows the Complete Incoherence of Surveillance Law

The lawfulness of bulk collection and applicable privacy rules should not depend on the technical details of the NSA’s collection that have nothing to do with the privacy interests involved. New documents obtained by the New York Times confirm just how incoherent our surveillance laws have become.

FISA: 215 Collection

Without the USA Freedom Act, NSA Could Resume Bulk Collection Even if Patriot Act Provisions Expire

With the Senate continuing its dangerous brinksmanship regarding the imminent expiration of three Patriot Act provisions, opponents of NSA bulk data collection seem poised to celebrate whatever happens. McConnell’s efforts to extend the Patriot Act unchanged lack enough support to pass either chamber. A last-minute deal to pass the USA Freedom Act may be in the works, but would still face a number of procedural and political hurdles.

FISA: 215 Collection

Philip B. Heymann: An Essay on Domestic Surveillance (Lawfare Research Paper Series)

Lawfare is pleased to announce the publication of a new -- and timely -- paper in the Lawfare Research Paper Series: An Essay on Domestic Surveillance, by Philip B. Heymann, law professor at Harvard Law School and former Deputy Attorney General in the first Clinton Administration. (The paper can be found under the Special Features/Research Papers tab at the top of the Lawfare main page, where it is listed on the index of Lawfare Research Papers.

Surveillance

Fixing the FISA Court by Fixing FISA: A Response to Carrie Cordero

Our friend Carrie Cordero has levied criticisms against three of the recommendations presented in our report, What Went Wrong With the FISA Court. We appreciate, as always, her constructive engagement with us on these issues. In the same spirit, we offer these points in response.

1.

FISA: 215 Collection

The Power of Citizenship Bias

Following up on my post from last week on the report of the Intelligence and Security Committee (ISC) of the UK Parliament, which inter alia recommended that British law for the first time introduce distinctions between citizens and non-citizens for the purpose of regulating electronic surveillance, I'd like to briefly comment on another relevant development.

FISA: Reform

Brennan Center Report on "What Went Wrong with the FISA Court"

The civil liberties group's report was released today. It was authored by Elizabeth Goitein and Faiza Patel (who has contributed pieces to Lawfare), and has a foreword by retired U.S. District Judge James Robertson---a former member of the Foreign Intelligence Surveillance Court.

Here are the report's key recommendations:

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