Assignment 26

News

Update from Just Security Blog – Authority on call details record program expires and is not extended. (The program has been suspended because of problems in getting the date from carriers in a usable form.)

Summary: Justice Department Inspector General Memorandum on FBI Compliance With FISA Procedures

The Woods procedures the article mentions are the background for the certifications to the FISC.

Justice Department Inspector General Finds Broader Pattern of Errors in FISA Applications

The Ides of March Are Come: A Trump Tweet Causes FISA Authorities to Expire

For present purposes, what matters is that the bill would reauthorize three authorities—the lone-wolf FISA provision, the roving wiretap provision and the business records provision—while imposing modest new protections on the FISA process generally and ending the already-defunct telephony metadata program.

Assignment

Finish Chapter 23 and read Chapter 25. (Note – be sure to check the supplement as well, there is update information there.) There is a lot of history in these chapters. We are not worried about that, only the current structure of the programs. While it is important to understand the basics of programmatic collection, it has not proven to be a valuable technique. More critically, end to end encryption apps like Whatsapp make bulk collection irrelevant.

Teaching Materials

Video – Chapters 23 and 25

Narrated PowerPoints – Chapters 23 and 25

Resources

50 U.S.C. 1881a&b – Procedures for targeting certain persons outside the United States other than United States persons

Section 702 Overview – Office of the DNI

ODNI, Statistical Transparency Report Regarding the Use of National Security Authorities for Calendar Year 2018 (ODNI Transparency Report) (Apr. 2019)

Privacy and Civil Liberties Oversight Board, Report on the Surveillance Program Operated Pursuant to Section 702 of the Foreign Intelligence Surveillance Act (2014)

ODNI, Statistical Transparency Report Regarding the Use of National Security Authorities for Calendar Year 2017 (ODNI Transparency Report),

Summary: The FISA Amendments Reauthorization Act of 2017

GAO, Summary of the Substantive Provisions of S. 2010, the FISA Amendments Reauthorization Act of 2017, and H.R. 3989, the USA Liberty Act of 2017 (2017)