Tag Archives: FISA

First Annual Privacy Shield Review Will Comprehensively Assess the Framework

The first annual review of the EU-U.S. Privacy Shield (“Privacy Shield”) is scheduled to occur in September 2017 in Washington, D.C.  The first review is particularly important for the nascent framework, as regulators in both the U.S. and the EU are expected to closely scrutinize the operation of the first year of the Privacy Shield, … Continue Reading

A Public Advocate for Privacy

Since 1979, the United States Government has made at least 35,651 applications to the Foreign Intelligence Surveillance Court (FISC) for authority to conduct electronic surveillance and physical searches of individuals.[1]  Of those requests, only 12 have been denied; 532 requests have been formally modified.  According to one judge on the FISC, a substantially higher number … Continue Reading

Justice Department Allows More Transparency on Government Demands for Customer Information in National Security Investigations

By Jim Garland, David Fagan, and Alex Berengaut On January 27, 2014, the Attorney General and Director of National Intelligence announced that the U.S. government will allow Internet companies and telecommunications providers to disclose more information about government demands for customer data in national security investigations.  The government’s new transparency policy addresses legal demands served … Continue Reading

Supreme Court Nixes FISA Surveillance Suit on Standing Grounds

This week, in a 5-4 decision in Clapper et al. v. Amnesty International USA et al., the United States Supreme Court rejected two theories of Article III standing presented by a group of attorneys, human rights, labor, legal, and media organizations who sought a declaration that surveillance under section 1881a of the Foreign Intelligence Surveillance Act … Continue Reading

Supreme Court Hears Oral Argument on Standing Issue in Challenge to FISA Amendments Act of 2008

By Alex Berengaut On Monday, October 29, the Supreme Court heard oral argument in Clapper v. Amnesty International (No. 11-1025), a challenge brought by the American Civil Liberties Union (ACLU) against the FISA Amendments Act (FAA) of 2008.  The FAA amended the Foreign Intelligence Surveillance Act (FISA) of 1978 by authorizing new procedures for electronic … Continue Reading
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