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Why Is the Lone Wolf FISA Provision Never Used? And Just How Broad is the FISC Understanding of Group Agency?
Enactment of the USA Freedom Act means, among other things, that the government will continue to have the option of seeking a FISA order for electronic surveillance in the “lone wolf” scenario–i.e., the ... -
Dishonor Roll: Rand Paul
Well, the USA Freedom Act is now law, which should have happened six months ago, and then should have happened a few weeks ago, and then should have happened a few days ago---but didn't. -
Amendment 1451, the “Judiciary,” and FISA Reform
Ben’s post from late last night highlights, among other things, “Amendment 1451,” one of the proposed revisions to the USA FREEDOM Act ( -
Legislative Staff Memo on USA Freedom Act Amendments
There may still be a few Lawfare readers who are not so disgusted with their legislature—and their legislators—that they are still following the Senate’s ongoing machinations over the USA Freedom Act. Fo... -
Psychology and War Powers
The common denominator of nettlesome war powers questions is who should make the difficult and freighted decisions about whether the nation goes to war, how it fights a war, and when it ends a war. Surpr... -
Al-Warafi's "End of War" Reply Brief
The Guantanamo detainee, as readers likely know, argued in a February motion that the end of the United States' war in Afghanistan, as recognized by President Obama, requires his release from Guantanamo.... -
Why the Current Section 215 Reform Debate Doesn't Matter Much
The ACLU's Chris Soghoian explains (time 25:52-30:55) why the current debate over Section 215 of the Patriot Act is just a minor facet of a large and complex bulk collection program by the FBI and the NS... -
With Friends Like These
Rand Paul and Mitch McConnell – both Republican Senators from Kentucky – despise the USA Freedom Act for different reasons. As readers know, the Freedom Act ends bulk collection while giving the NSA the... -
DOJ's Inspector General Releases New Review of FBI Use of Section 215 Orders
The Office of the Inspector General of the U.S. Department of Justice has released a new unclassified report reviewing the FBI's use of Section 215 orders from 2007 through 2009. Specifically, the revie... -
PCLOB's Rachel Brand on Section 215
The Privacy and Civil Liberties Oversight Board's Rachel Brand penned an opinion piece in today's Christian Science Monitor. It opens: The heated debate in Congress about whether to reauthorize Section ... -
NSA Spying Will Begin Winding Down This Week: Justice Department Memo
Dustin Volz of the National Journal has obtained a memo from the Department of Justice circulated among congressional offices today that says the NSA will need to begin taking steps to wind down the bul... -
Down to the Wire on the Patriot Act
Julian Hattem has a good piece in the Hill on the current state of play in the Senate with respect to expiration of the Patriot Act provisions in less than two weeks: Sen.
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