Mondale, Walter F. and Stein, Robert A. and Fisher, Caitlinrose, No Longer a Neutral Magistrate: The Foreign Intelligence Surveillance Court in the Wake of the War on Terror (January 1, 2016). Minnesota Law Review, Forthcoming. Available for download at SSRN: http://ssrn.com/abstract=2712892 Since the founding of our nation, the executive, judicial, and legislative branches of government… Continue Reading
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Search Results for: Foreign Intelligence Surveillance Act
Statement by the ODNI on Retention of Data Collected Under Section 215 of USA PATRIOT Act
July 27, 2015: “On June 29, 2015, the Foreign Intelligence Surveillance Court approved the Government’s application to resume the Section 215 bulk telephony metadata program pursuant to the USA FREEDOM Act’s 180-day transition provision. As part of our effort to transition to the new authority, we have evaluated whether NSA should maintain access to the… Continue Reading
How U.S. Surveillance Still Subverts U.S. Competitiveness
Beyond the USA Freedom Act: How U.S. Surveillance Still Subverts U.S. Competitiveness, Information Technology and Innovation Foundation, June 2015, Daniel Catrol and Alan McQuinn | JUNE 2015: “Almost two years ago, ITIF described how revelations about pervasive digital surveillance by the U.S. intelligence community could severely harm the competitiveness of the United States if foreign customers… Continue Reading
USA FREEDOM Act Reinstates Expired USA PATRIOT Act Provisions
CRS Legal Sidebar USA FREEDOM Act Reinstates Expired USA PATRIOT Act Provisions but Limits Bulk Collection 6/4/2015: “Following a contentious debate and passagein the Senate, the USA FREEDOM Act (H.R. 2048) was signed into law onJune 2, 2015. The new law contains eight titles, spanning a range of national security topics from reauthorizing expired investigative… Continue Reading
Overview of Constitutional Challenges to NSA Collection Activities
CRS – Overview of Constitutional Challenges to NSA Collection Activities, Edward C. Liu, Legislative Attorney; Andrew Nolan, Legislative Attorney, Richard M. Thompson II, Legislative Attorney. May 21, 2015. “Beginning in summer 2013, media reports of foreign intelligence activities conducted by the National Security Agency (NSA) have been widely published. The reports have focused on two… Continue Reading
NSA Reports to the President’s Intelligence Oversight Board
Bloomberg – U.S. Spy Agency Reports Improper Surveillance of Americans “Following a classification review, the National Security Agency (NSA) is releasing in redacted form NSA reports to the President’s Intelligence Oversight Board (IOB). The release includes quarterly reports submitted from the fourth quarter of 2001 to the second quarter of 2013. The materials also include… Continue Reading
Report claims NSA has operatives in foreign communications companies
“The National Security Agency has had agents in China, Germany, and South Korea working on programs that use “physical subversion” to infiltrate and compromise networks and devices, according to documents obtained by The Intercept. The documents, leaked by NSA whistleblower Edward Snowden, also indicate that the agency has used “under cover” operatives to gain access to… Continue Reading
Surveillance Costs: The NSA’s Impact on the Economy, Internet Freedom & Cybersecurity
New America Foundation – “It has been over a year since The Guardian reported the first story on the National Security Agency’s surveillance programs based on the leaks from former NSA contractor Edward Snowden, yet the national conversation remains largely mired in a simplistic debate over the tradeoffs between national security and individual privacy. It is time… Continue Reading
Loopholes for Circumventing the Constitution: Warrantless Bulk Surveillance on Americans by Collecting Network Traffic Abroad
Arnbak, Axel and Goldberg, Sharon, Loopholes for Circumventing the Constitution: Warrantless Bulk Surveillance on Americans by Collecting Network Traffic Abroad (June 27, 2014). HOTPETS, 2014. Available for download at SSRN: http://ssrn.com/abstract=2460462 “In this multi-disciplinary paper, we reveal interdependent legal and technical loopholes that intelligence agencies of the U.S. government could use to circumvent constitutional and statutory… Continue Reading
Privacy and Civil Liberties Oversight Board Report on NSA Surveillance
Report on the Surveillance Program Operated Pursuant to Sec7on 702 of the Foreign Intelligence Surveillance Act, Pre-Release July 2, 2014. “During the course of this study, it became clear to the Board that each program required a level of review that was best undertaken and presented to the public in a separate report. As such, the… Continue Reading
Court gave NSA broad leeway in surveillance, documents show – WaPo
Washington Post, Ellen Nakashima and Barton Gellman: “Virtually no foreign government is off-limits for the National Security Agency, which has been authorized to intercept information “concerning” all but four countries, according to top-secret documents. The United States has long had broad no-spying arrangements with those four countries — Britain, Canada, Australia and New Zealand — in a group… Continue Reading
DNI Announces the Release of Additional Documents Related to Collection Activities Authorized by President George W. Bush Shortly After the Attacks of Sept. 11
[On May 5, 2014] “the Director of National Intelligence released additional documents related to the intelligence-gathering activities authorized by President George W. Bush shortly after the attacks of Sept. 11 and subsequently transitioned to authority of the Foreign Intelligence Surveillance Act. On Dec. 20, 2013, the DNI declassified and acknowledged the presidentially-authorized activities, and his public… Continue Reading
