Category Archives: FISA

techdirt: Second Circuit Says Warrantless Backdoor Searches Of NSA Collections Might Violate The Fourth Amendment

techdirt: Second Circuit Says Warrantless Backdoor Searches Of NSA Collections Might Violate The Fourth Amendment by Tim Cushing:

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Lawfare: Appeals Court Considers Fourth Amendment Violations in FISA Section 702 Surveillance Case

Lawfare: Appeals Court Considers Fourth Amendment Violations in FISA Section 702 Surveillance Case by Gordon Ahl (“The U.S. Court of Appeals for the Second Circuit ruled that the case of Agron Hasbajrami should be returned to the district court level … Continue reading

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WaPo: Surveillance court demands answers from FBI for errors, omissions in Trump campaign probe

WaPo: Surveillance court demands answers from FBI for errors, omissions in Trump campaign probe by Devlin Barrett (“The court said the FBI’s conduct was “antithetical” to how the foreign intelligence surveillance program is supposed to work.”)

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Fox News: GOP push to reform FISA gains momentum in wake of Horowitz report

Fox News: GOP push to reform FISA gains momentum in wake of Horowitz report by Hollie McKay

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NBC News: The FBI’s warrant system for spying on Americans is a mess, the IG report shows

NBC News: The FBI’s warrant system for spying on Americans is a mess, the IG report shows by Ken Dilanian (“Analysis: The report found an FBI process so rife with errors that the bureau’s director immediately issued a statement saying … Continue reading

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Reason: The FBI Will Be Audited to See How Frequently They Screw Up Other FISA Warrants

Reason: The FBI Will Be Audited to See How Frequently They Screw Up Other FISA Warrants by Scott Shackford (“Was what happened with Carter Page an anomaly or does the agency regularly leave out important information?”)

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Creators.com: What’s Wrong with FISA?

Creators.com: What’s Wrong with FISA? by Andrew P. Napolitano:

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Just Security: The FISA Court’s Section 702 Opinions, Part II: Improper Queries and Echoes of “Bulk Collection”

Just Security: The FISA Court’s Section 702 Opinions, Part II: Improper Queries and Echoes of “Bulk Collection” by Elizabeth Goitein:

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Just Security: The FISA Court’s 702 Opinions, Part I: A History of Non-Compliance Repeats Itself

Just Security: The FISA Court’s 702 Opinions, Part I: A History of Non-Compliance Repeats Itself by Elizabeth Goitein:

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ACLU blog: William Barr Helped Build America’s Surveillance State

ACLU blog: William Barr Helped Build America’s Surveillance State by Neema Singh Guliani & Brian Tashman:

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S.D.N.Y.: FISA application may be reviewed ex parte and in camera and still comply with due process; probable cause shown

A FISA application that led to a prosecution may be reviewed ex parte and in camera and remain under seal, and this complies with due process. “Here, having reviewed the FISC’s probable cause determinations while affording these findings the requisite … Continue reading

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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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