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Full-Text Articles in Law

Schrems And The Faa’S “Foreign Affairs” Prong: The Costs Of Reform, Peter Margulies Oct 2015

Schrems And The Faa’S “Foreign Affairs” Prong: The Costs Of Reform, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Foreign Intelligence Surveillance Act And The Separation Of Powers, Scott A. Boykin Oct 2015

The Foreign Intelligence Surveillance Act And The Separation Of Powers, Scott A. Boykin

University of Arkansas at Little Rock Law Review

No abstract provided.


The Fisa Court And Article Iii, Stephen I. Vladeck Jun 2015

The Fisa Court And Article Iii, Stephen I. Vladeck

Washington and Lee Law Review

No abstract provided.


Defining "Foreign Affairs" In Section 702 Of The Fisa Amendments Act: The Virtues And Deficits Of Post-Snowden Dialogue On U.S. Surveillance Policy, Peter Margulies Jun 2015

Defining "Foreign Affairs" In Section 702 Of The Fisa Amendments Act: The Virtues And Deficits Of Post-Snowden Dialogue On U.S. Surveillance Policy, Peter Margulies

Washington and Lee Law Review

No abstract provided.


Clapper V. Amnesty International Usa: Balancing National Security And Individuals' Privacy, Kristen Choi May 2015

Clapper V. Amnesty International Usa: Balancing National Security And Individuals' Privacy, Kristen Choi

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Clapper And The Costs Of Overlooking Use Restrictions, Peter Margulies May 2015

Clapper And The Costs Of Overlooking Use Restrictions, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Section 702 And The Collection Of International Telephone And Internet Content, Laura K. Donohue Feb 2015

Section 702 And The Collection Of International Telephone And Internet Content, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

Section 702 of the Foreign Intelligence Surveillance Act (FISA) authorizes the NSA to collect the electronic communications of non-U.S. targets located overseas. Recent media reports and declassified documents reveal a more extensive program than publicly understood. The article begins by considering the origins of the current programs and the relevant authorities, particularly the transfer of part of the post-9/11 President’s Surveillance Program to FISA. It outlines the contours of the 2007 Protect America Act, before its replacement in 2008 by the FISA Amendments Act (FAA). The section ends with a brief discussion of the current state of foreign intelligence collection …


Corporate Avatars And The Erosion Of The Populist Fourth Amendment, Avidan Cover Jan 2015

Corporate Avatars And The Erosion Of The Populist Fourth Amendment, Avidan Cover

Faculty Publications

The current state of Fourth Amendment jurisprudence leaves it to technology corporations to challenge court orders, subpoenas, and requests by the government for individual users’ information. The third-party doctrine denies people a reasonable expectation of privacy in data they transmit through telecommunications and Internet service providers. Third-party corporations become, by default, the people’s corporate avatars. Corporate avatars, however, do a poor job of representing individuals’ interests. Moreover, vesting the Fourth Amendment’s government-oversight functions in corporations fails to cohere with the Bill of Rights’ populist history and the Framers’ distrust of corporations.

This article examines how the third-party doctrine proves unsupportable …