//  6/11/17  //  Topic Update

The USA FREEDOM Act, surveillance reform legislation that turned two on Friday, has been significant not only in ending the NSA’s bulk collection programs, but also in creating greater transparency into the government’s surveillance programs, argue Caroline Lynch and Lara Flint (Lawfare).

Republican Senator Tom Cotton has introduced legislation to make Section 702 of the Foreign Intelligence Surveillance Act permanent (Lawfare).

  • The White House supports this move, arguing that Section 702 has helped thwart terrorist attacks (NYT).
  • The Trump Administration’s support for Section 702 contradicts the President’s public statements on surveillance, notes Neema Singh Guliani (ACLU).
  • At Just Security, Sarah St. Vincent writes that Section 702 may be undermining the U.S. criminal justice system.
  • Meanwhile, in the Lawfare Podcast, Matt Olsen discusses the future of Section 702, the warrantless foreign intelligence gathering provision (Lawfare).

Updates | The Week of January 15, 2018

1/14/18  //  Daily Update

Customs officers searched an estimated 30,200 cellphones, computers and other electronic devices of people entering and leaving the United States last year, up 60 percent from 2016.

Updates | The Week of December 18, 2017

12/24/17  //  Daily Update

Justice Gorsuch's limitation of his use of the word 'privacy' at the oral argument of Carpenter v. United States may mean a desire to limit substantive due process doctrine in the future. DHS's costly implementation of facial screening technology at airports is technologically flawed and is a significant escalation in government surveillance, claims a report from Georgetown University researchers. Use of fear-mongering tactics in the campaign to pass the Foreign Intelligence Surveillance Amendments Act demonstrates contempt for Fourth Amendment rights.

Updates | The Week of October 16

10/21/17  //  Daily Update

Contrary to Deputy Attorney Rod Rosenstein's recent speech, encryption is not just a weapon, but a shield.