Foreign Intelligence Surveillance Act (FISA)

As part of the efforts to reform the government surveillance process, the USA FREEDOM Act included a provision establishing that no fewer than five individuals would be appointed to serve as amici curiae to the...

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USA FREEDOM Act Signed Into Law

June 2, 2015 | 0 Comments

Having previously passed the House with overwhelming bipartisan support, the USA FREEDOM Act has now also passed the Senate and been signed into law by President Obama. A few highlights from the legislation are below....

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Three Provisions of PATRIOT Act Expired

June 2, 2015 | 0 Comments

Despite threats of impending doom, Congress has allowed three provisions of the USA PATRIOT Act to expire, marking the first surveillance rollback in the post 9/11 era. While we can expect legislation that will re-implement...

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Yesterday, the Second Circuit found that the NSA’s bulk telephony metadata collection exceeds the statutory authorization of Section 215 of the USA PATRIOT Act (50 U.S.C. § 1861).  The case was on appeal from the...

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Twitter Inc.’s declaratory-judgment action against the U.S. Department of Justice is the latest salvo brought by protransparency service providers seeking to publish more information about the secret government demands for user data they receive pursuant...

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We are proud to say that we were the lawyers who represented Yahoo in its historic challenge to the government’s surveillance program in the Foreign Intelligence Surveillance Court (FISC) and the Foreign Intelligence Court of...

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Efforts to end bulk surveillance under Section 215 of FISA picked up some momentum last week thanks to two legal developments. First, Attorney General Holder and Director of National Intelligence Clapper sent a letter voicing...

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The PCLOB Report On Section 702

July 7, 2014 | 0 Comments

On July 1, 2014, the Privacy and Civil Liberties Oversight Board (“PCLOB”) issued its final report on Section 702 of FISA. Significantly, the PCLOB found that Section 702 and its implementation are constitutional, though certain...

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Keeping a promise made by DNI Clapper in August 2013, on Friday the U.S. Government issued its eagerly awaited transparency report for surveillance requests under national security authorities (e.g. FISA, FAA, and the NSL statutes)...

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Yesterday, the House Judiciary Committee moved to reform the NSA’s controversial bulk data collection via the USA FREEDOM Act (H.R. 3361). The Committee adopted the Manager’s amendment to the bill as well as Representative DelBene’s...

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