Category Archives: FISA

N.D.Ohio: FISA warrant that caught defs’ phone calls was valid

Defendants’ calls were caught up in a FISA warrant and they were indicted for providing material support to terrorists. The collection under the FISA warrant was valid because the government showed “the purpose” of the surveillance was bona fide national … Continue reading

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Just Security: Americans’ Privacy at Stake as Second Circuit Hears Hasbajrami FISA Case

Just Security: Americans’ Privacy at Stake as Second Circuit Hears Hasbajrami FISA Case by Elizabeth Goitein:

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The Atlantic: The FISA Fiasco’s Silver Lining

The Atlantic: The FISA Fiasco’s Silver Lining by April Doss: Recently released documents should put to rest fear that the process of surveilling Americans could be as simple as filling out a form for a perfunctory review.

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Lawfare: Carpenter and the End of Bulk Surveillance of Americans

Lawfare: Carpenter and the End of Bulk Surveillance of Americans by Sharon Bradford Franklin:

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CNN: FBI releases Carter Page surveillance warrant documents

CNN: FBI releases Carter Page surveillance warrant documents by Jeremy Herb and David Shortell. The 412 page application, warrant, and other papers is here. The applications included Page’s denials made to the FBI before it was sought. NYT: Without Evidence, … Continue reading

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NYTimes: N.S.A. Triples Collection of Data From U.S. Phone Companies

NYTimes: N.S.A. Triples Collection of Data From U.S. Phone Companies by Charlie Savage:

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Law.com: Judge to Consider This Week Whether to Unseal Vast Surveillance Records

Law.com: Judge to Consider This Week Whether to Unseal Vast Surveillance Records by Ben Hancock: U.S. Magistrate Judge Kandis Westmore of the Northern District of California may reveal whether the curtain of secrecy around past electronic surveillance in criminal investigations … Continue reading

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The Hill: FBI supervisor warned Comey in 2014 that warrantless surveillance program was ineffective

The Hill: FBI supervisor warned Comey in 2014 that warrantless surveillance program was ineffective by John Solomon & Alison Spann: An official who supervised the FBI’s Section 215 warrantless phone surveillance program revealed by Edward Snowden in 2013 says he … Continue reading

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Lawfare: A Way Forward on Section 702 Queries

Lawfare: A Way Forward on Section 702 Queries by Elizabeth Goitein & Robert Litt:

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The Atlantic: The Populist Right’s Elitist Approach to Surveillance Abuses

The Atlantic: The Populist Right’s Elitist Approach to Surveillance Abuses by Conor Friedersdorf: If only the Republican Party were as attentive to the violations of the rights of ordinary Americans as it is to the FBI’s treatment of Donald Trump.

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Curious about the FISA process? See Just Security: It Ain’t Easy Getting a FISA Warrant: I Was an FBI Agent and Should Know

Just Security: It Ain’t Easy Getting a FISA Warrant: I Was an FBI Agent and Should Know by Asha Rangappa from March 2017.

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Lawfare: The Dubious Legal Claim Behind #ReleaseTheMemo

Lawfare: The Dubious Legal Claim Behind #ReleaseTheMemo by Orin Kerr: [Spoiler alert: I agree that it is more than dubious since two branches of our government have absolutely no clue what the Fourth Amendment means. It’s like a Franks challenge: … Continue reading

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