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Surveillance of Foreigners Outside the United States Under Section 702 of the Foreign Intelligence Surveillance Act (FISA)
Edward Liu discusses the use and implementation of § 702. Specifically, the scope of acquisitions, certifications procedures, exigent circumstances, and constitutional challenges.
National Security Letters in Foreign Intelligence Investigations: Legal Background
Doyle discusses early judicial reaction to the PATRIOT Act, inspector General's Reports on NSL Amendments, Post-Amendment Judicial Action, and the recommendations of the President's Review Group.
Overview of Constitutional Challenges to NSA Collection Activities
Describes § 215 bulk telephony metadata program and § 702 interception of Internet-based communications targeted at foreigners underseas that inadvertently acquires U.S. persons’ communications. Addresses constitutional ...
Reform of the Foreign Intelligence Surveillance Courts: Introducing a Public Advocate
Considers the legal nature of the office of a public advocate, Article II’s Appointments Clause, and Article III restrictions.
Reform of the Foreign Intelligence Surveillance Courts: A Brief Overview
Identifies potential legal questions related to a range of Congressional proposals introduced post-§ 215 to alter FISC/FISCR: public advocates, amicus curiae, en banc panels, voting rules, selection of FISC/FISCR judges; ...
Reform of the Foreign Intelligence Surveillance Courts: Procedural and Operational Changes
Addresses host of bills designed to make procedural and operational changes to FISC including amicus curiae, en banc proceedings, voting rules requiring between 60 and 100% of the judges to concur.
Reform of the Foreign Intelligence Surveillance Courts: Selection of Judges
Responding to increasing attention paid 2013-14, the report considers various Congressional proposals to change the manner in which judges are appointed to FISC/FISCR.
Reauthorization of the FISA Amendments Act
Discussing H.R. 5949 (which extended Title VII of FISA until Dec. 31, 2017), and addressing the contours of Title VII, as well as the subsequent litigation.
Government Collection of Private Information: Background and Issues Related to the USA Patriot Act Reauthorization
Discusses controversial aspects of the USA PATRIOT Act and exploring the arguments that undergirded support for and opposition to the measures.