Section 702 of the Foreign Intelligence Surveillance Act (FISA) allows the government to collect non-content metadata from communications service providers. Advocates for renewal, including members of the US intelligence community, argue that it is a critical tool for national security and failure to renew it will leave the nation vulnerable. Critics claim Section 702 creates a loophole that allows for the collection of personal information without a warrant. In this Briefcase, two experts, Glenn Gerstell and Liza Goitein, debate a key issue of reform, whether the FBI should require a warrant to search its database for the communications of US persons.
Reforming Section 702: Should the FBI require a warrant to search its database for the communications of US persons?
Elizabeth Goitein , Glenn Gerstell
Section 702 of the Foreign Intelligence Surveillance Act (FISA) allows the government to collect non-content metadata from communications service providers. Advocates for renewal, including members of the US intelligence community, argue that it is a critical tool for national security and failure to renew it will leave the nation vulnerable. Critics claim Section 702 creates a loophole that allows for the collection of personal information without a warrant. In this Briefcase, two experts, Glenn Gerstell and Liza Goitein, debate a key issue of reform, whether the FBI should require a warrant to search its database for the communications of US persons.
Is It Time to Revisit the Constitutionality of Unauthorized Practice of Law Rules?
Michael E. Rosman
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
The GDPR: What It Really Does and How the U.S. Can Chart a Better Course
Roslyn Layton, Julian McLendon
Note from the Editor: This article discusses the European Union’s new General Data Protection Rule...
“Advice” in the Constitution’s Advice and Consent Clause: New Evidence from Contemporaneous Sources
Robert G. Natelson
Note from the Editor: This article discusses the proper interpretation of the Constitution’s Advice and...
Christie v. NCAA: Anti-Commandeering or Bust
Jonathan Wood, Ilya Shapiro
Note from the Editor: This article argues that the Supreme Court should find unconstitutional the...
Presidential Nominees and Foreign Influence: Mitigating National Security Risks
Sean M. Bigley
Note from the Editor: This article describes the procedures involved in determining whether to grant...
Introducing “Article V 2.0”: The Compact for a Balanced Budget
Nicholas C. Dranias
This article discusses the use of interstate compacts to advance Article V amendments to the U.S....
Bar Watch Bulletin February 15, 2005
Today we report on Monday’s actions from the House of Delegates. A number of new...
Bar Watch Bulletin February 2005
The American Bar Association Midyear Meetings take place from Thursday, February 10 through Tuesday, February...