FISA Section 702’s Challenging Passage to Reauthorization in 2023

George Croner details the history, structure, legal requirements, and intelligence value of the Section 702 surveillance program and explains why the reauthorization of Section 702 is both perpetually challenging—and particularly challenging in 2023. Croner identifies the most likely criticisms of Section 702 and examines the sources and merits of these critiques including in light of… Continue reading FISA Section 702’s Challenging Passage to Reauthorization in 2023

Layered Opacity: Criminal Legal Technology Exacerbates Disparate Impact Cycles and Prevents Trust

Predictive policing tools used widely by law enforcement agencies attempt to identify where crime will happen before it does. These analyses determine police deployment, and ultimately, arrest data. In this article, Ben Winters highlights how risk assessment tools use that data, combined with various other inputs, to determine detention, bail, sentencing, parole, and more which… Continue reading Layered Opacity: Criminal Legal Technology Exacerbates Disparate Impact Cycles and Prevents Trust

Defining the Scope of “Possession, Custody, or Control” for Privacy Issues and the CLOUD Act

With a growing number of US companies storing their electronic data across country lines, US law enforcement agencies are left with the difficult task of trying to access electronic evidence stored outside of their physical jurisdictions. In response, Congress passed the Clarifying Lawful Overseas Use of Data Act (Cloud Act) in 2018 to provide the… Continue reading Defining the Scope of “Possession, Custody, or Control” for Privacy Issues and the CLOUD Act