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Tenth Circuit Upholds Conviction On Evidence Gathered Under Section 702 of FISA
On Dec. 8, the Court of Appeals for the Tenth Circuit upheld the conviction of an Uzbek immigrant that relied on information obtained through warrantless foreign intelligence surveillance. -
The Business of Knowing: Private Market Data and Contemporary Intelligence
U.S. government access to at least some private market data—and the limiting of foreign access to this same information—is essential for national security. -
A Gig Surveillance Economy
What are the legal and policy questions raised by gig surveillance work? -
Will the EU Lose Access to U.S. Data Flows and Software?
Some EU decision-makers have adopted a radical and unreasonable interpretation of EU data protection law that lacks a limiting principle. -
Facial Recognition as a Less-Bad Option
The perils that flow from facial recognition can be mitigated through sensible limits without banning the technology and the risks of facial recognition are less bad than the options police have without ... -
The Impact of Carpenter v. United States in the Lower Courts and the Emerging Carpenter Test
An analysis of the federal and state judgments applying Carpenter illuminates both the present state of the law and the paths along which it will likely continue to develop. -
Summary of the GAO Report on Federal Use of Facial Recognition Technology
Federal departments are poised to expand their use of facial recognition systems across a wide range of use cases in the absence of federal regulation. -
The Sussmann Indictment, Human Source Handling, and the FBI’s Declining FISA Numbers
The prosecution of Michael Sussmann’s indictment may seem unconnected to the precipitous drop in the volume of the intelligence community’s use of complex investigative techniques. The two are, in fact, ... -
What the Inspector General’s Latest FISA Report Can (and Can’t) Tell Us
In light of the Inspector General’s latest report, how worried should we be about the state of the FISA process? -
The FBI’s FISA Mess
The inspector general’s latest report on FISA implementation at the FBI is not as bad as it looks, but it’s not good either. -
Justice Department IG Releases Audit of FISA Procedures
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Modern Day General Warrants and the Challenge of Protecting Third-Party Privacy Rights in Mass, Suspicionless Searches of Consumer Databases