Report on the Telephone Records Program Conducted Under Section 215 of the USA Patriot Act and on the Operations of the Foreign Intelligence Surveillance Court


Book Description

The Privacy and Civil Liberties Oversight Board (PCLOB) is an independent bipartisan agency within the executive branch established by the Implementing Recommendations of the 9/11 Commission Act of 2007. The Board is comprised of four part-time members and a full-time chairman, all appointed by the President and confirmed by the Senate. On June 5, 2013, the British newspaper The Guardian published the first of a series of articles based on unauthorized disclosures of classified documents by Edward Snowden, a contractor for the National Security Agency ("NSA"). The article described an NSA program to collect millions of telephone records, including records about purely domestic calls. Over the course of the next several days, there were additional articles regarding this program as well as another NSA program referred to in leaked documents as "PRISM." These disclosures caused a great deal of concern both over the extent to which they damaged national security and over the nature and scope of the surveillance programs they purported to reveal. In response to the congressional and presidential requests, the Board immediately initiated a study of the 215 and 702 programs and the operation of the FISA court. This Report contains the results of the Board's 215 program study as well as our analysis and recommendations regarding the FISC's operation.




The NSA Report


Book Description

The official report that has shaped the international debate about NSA surveillance "We cannot discount the risk, in light of the lessons of our own history, that at some point in the future, high-level government officials will decide that this massive database of extraordinarily sensitive private information is there for the plucking. Americans must never make the mistake of wholly 'trusting' our public officials."—The NSA Report This is the official report that is helping shape the international debate about the unprecedented surveillance activities of the National Security Agency. Commissioned by President Obama following disclosures by former NSA contractor Edward J. Snowden, and written by a preeminent group of intelligence and legal experts, the report examines the extent of NSA programs and calls for dozens of urgent and practical reforms. The result is a blueprint showing how the government can reaffirm its commitment to privacy and civil liberties—without compromising national security.




Publications Combined: Foreign Intelligence Surveillance Act (FISA) - A Court Primer


Book Description

CONTENTS: 1. UNITED STATES FOREIGN INTELLIGENCE SURVEILLANCE COURT - RULES OF PROCEDURE Effective November 1, 2010 2. Foreign Intelligence Surveillance Act (FISA): An Overview 3. Federal Bureau of Investigation Privacy & Civil Liberties Officer, Office of the General Counsel Protections for United States Person Information Acquired Pursuant to Title I and Section 702 of the Foreign Intelligence Surveillance Act 4. FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978 [Public Law 95–511; 92 Stat. 1783; approved October 25, 1978] [As Amended Through P.L. 115–118, Enacted January 19, 2018 5. FISA Amendments Act of 2008 6. Review of Procedures and Practices of CIA to Disseminate United States Person Information Acquired Pursuant to Titles I and III and Section 702 of the Foreign Intelligence Surveillance Act (FISA) - August 2017 7. Report of the Director of the Administrative Office of the U.S. Courts on activities of the Foreign Intelligence Surveillance Courts for 2018 8. Report of the Director of the Administrative Office of the U.S. Courts on activities of the Foreign Intelligence Surveillance Courts for 2017 9. Report of the Director of the Administrative Office of the U.S. Courts on activities of the Foreign Intelligence Surveillance Courts for 2016 10. Report of the Director of the Administrative Office of the U.S. Courts on activities of the Foreign Intelligence Surveillance Courts for 2015 11. The FISA Amendments Act: Q&A (2017) 12. Report on the Surveillance Program Operated Pursuant toSection 702of the Foreign Intelligence Surveillance Act - July 2, 2014




Bulk Collection of Signals Intelligence


Book Description

The Bulk Collection of Signals Intelligence: Technical Options study is a result of an activity called for in Presidential Policy Directive 28 (PPD-28), issued by President Obama in January 2014, to evaluate U.S. signals intelligence practices. The directive instructed the Office of the Director of National Intelligence (ODNI) to produce a report within one year "assessing the feasibility of creating software that would allow the intelligence community more easily to conduct targeted information acquisition rather than bulk collection." ODNI asked the National Research Council (NRC)-the operating arm of the National Academy of Sciences and National Academy of Engineering-to conduct a study, which began in June 2014, to assist in preparing a response to the President. Over the ensuing months, a committee of experts appointed by the Research Council produced the report.




Power Wars


Book Description

Pulitzer Prize-winning journalist Charlie Savage's penetrating investigation of the Obama presidency and the national security state. Barack Obama campaigned on changing George W. Bush's "global war on terror" but ended up entrenching extraordinary executive powers, from warrantless surveillance and indefinite detention to military commissions and targeted killings. Then Obama found himself bequeathing those authorities to Donald Trump. How did the United States get here? In Power Wars, Charlie Savage reveals high-level national security legal and policy deliberations in a way no one has done before. He tells inside stories of how Obama came to order the drone killing of an American citizen, preside over an unprecendented crackdown on leaks, and keep a then-secret program that logged every American's phone calls. Encompassing the first comprehensive history of NSA surveillance over the past forty years as well as new information about the Osama bin Laden raid, Power Wars equips readers to understand the legacy of Bush's and Obama's post-9/11 presidencies in the Trump era.







National Security Secrecy


Book Description

Excessive government secrecy in the name of counterterrorism has had a corrosive effect on democracy and the rule of law. In the United States, when controversial national security programs were run by the Bush and Obama administrations - including in areas of targeted killings, torture, extraordinary rendition, and surveillance - excessive secrecy often prevented discovery of those actions. Both administrations insisted they acted legally, but often refused to explain how they interpreted the governing law to justify their actions. They also fought to keep Congress from exercising oversight, to keep courts from questioning the legality of these programs, and to keep the public in the dark. Similar patterns have arisen in other democracies around the world. In National Security Secrecy, Sudha Setty takes a critical and comparative look at these problems and demonstrates how government transparency, privacy, and accountability should provide the basis for reform.




Intelligence Elites and Public Accountability


Book Description

This book provides a definitive overview of the relationships of influence between civil society and intelligence elites. The secrecy surrounding intelligence means that publication of intelligence is highly restricted, barring occasional whistle-blowing and sanitised official leaks. These characteristics mean that intelligence, if publicised, can be highly manipulated by intelligence elites, while civil society’s ability to assess and verify claims is compromised by absence of independent evidence. There are few studies on the relationship between civil society and intelligence elites, which makes it hard to form robust assessments or practical recommendations regarding public oversight of intelligence elites. Addressing that lacuna, this book analyses two case studies of global political significance. The intelligence practices they focus on (contemporary mass surveillance and Bush-era torture-intelligence policies) have been presented as vital in fighting the ‘Global War on Terror’, enmeshing governments of scores of nation-states, while challenging internationally established human rights to privacy and to freedom from torture and enforced disappearance. The book aims to synthesise what is known on relationships of influence between civil society and intelligence elites. It moves away from disciplinary silos, to make original recommendations for how a variety of academic disciplines most likely to study the relationship between civil society and intelligence elites (international relations, history, journalism and media) could productively cross-fertilise. Finally, it aims to create a practical benchmark to enable civil society to better hold intelligence elites publicly accountable. This book will be of great interest to students of intelligence studies, surveillance, media, journalism, civil society, democracy and IR in general.




Government Cloud Procurement


Book Description

In Government Cloud Procurement, Kevin McGillivray explores the question of whether governments can adopt cloud computing services and still meet their legal requirements and other obligations to citizens. The book focuses on the interplay between the technical properties of cloud computing services and the complex legal requirements applicable to cloud adoption and use. The legal issues evaluated include data privacy law (GDPR and the US regime), jurisdictional issues, contracts, and transnational private law approaches to addressing legal requirements. McGillivray also addresses the unique position of governments when they outsource core aspects of their information and communications technology to cloud service providers. His analysis is supported by extensive research examining actual cloud contracts obtained through Freedom of Information Act requests. With the demand for cloud computing on the rise, this study fills a gap in legal literature and offers guidance to organizations considering cloud computing.




Legal Reasoning, Research, and Writing for International Graduate Students


Book Description

Legal Reasoning, Research, and Writing for International Graduate Students, Fifth Edition, helps international students understand and approach legal reasoning and writing the way law students and attorneys do in the United States. With concise and clear text, Professor Nedzel introduces the unique and important features of the American legal system and American law schools. Using clear instruction, examples, visual aids, and practice exercises, she teaches practical lawyering skills with sensitivity to the challenges of ESL students. New to the Fifth Edition: Streamlined presentation makes the material even more accessible. Chapters are short, direct, and to the point. Five chapters on reasoning and writing, including exam skills, office memos, and rewriting. Full chapters on contract drafting and scholarly writing. New flowcharts provide a concise, visual overview for each chapter. Citation coverage updated to new 21st edition of The Bluebook. Simplified examples and exercises. Three thoroughly revised chapters on legal research, including non-fee legal research and technological changes in the practice of U.S. law. Professors and student will benefit from: Comparative perspective informs readers about the unique features of American law as compared to civil law, Islamic law, and Asian traditions. Explanations of practical skills assume no former knowledge of the American legal system. U.S. law school necessary skills explained immediately: case briefing, creating a course outline, time management, reading citations, and writing answers to hypothetical exam questions. Short, lucid chapters that reiterate major points to aid comprehension. Clear introductions to writing hypothetical-based exams, legal memoranda, contract drafting and scholarly writing. An integrated approach to proper citation format, with explanation and instruction provided in context. Discussion of plagiarism and U.S. law school honor codes. Practical skill-building exercises in each chapter. Research exercises are primarily Internet-based Charts and summaries that are useful learning aids and reference tools