Privacy Paradox
The 18 FISA Court Opinions on Section 702: Summaries
Chris Mirasola, Yishai Schwartz Fri, Jun 23, 2017, 1:27 PM
Brief summaries of all 18 opinions.
Title
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?
Latest Reporting
FISA: 702 Collection
How Congress Should Evaluate Section 702’s Security Value When Debating Its Reauthorization
Jake Laperruque Fri, Jun 16, 2017, 1:03 PM
Section 702 reform need not infringe on the essential foreign intelligence needs of the intelligence community.
FISA: 702 Collection
What Should Senator Wyden Ask About Section 702 Now?
Anne Boustead Fri, Jun 16, 2017, 12:45 PM
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.
FISA: 702 Collection
FISA Court Releases 18 Opinions Regarding Section 702
Quinta Jurecic Wed, Jun 14, 2017, 3:27 PM
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.
FISA: 702 Collection
Liveblog: Senate Intel Committee's Section 702 Hearing
Jane Chong Wed, Jun 7, 2017, 9:30 AM
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.
Fourth Amendment
Supreme Court Grants Cert in Carpenter v. United States: An Overview
Jordan Brunner, Emma Kohse Tue, Jun 6, 2017, 6:25 PM
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.
FISA: Reform
Senator Tom Cotton Introduces Bill to Make FISA Section 702 Permanent
Quinta Jurecic Tue, Jun 6, 2017, 4:49 PM
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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