Posts Under: DOJ

Only Congress Can Fix Our International Legal Framework

On Friday, the U.S. Department of Justice filed a petition seeking the Supreme Court to consider an ongoing legal case about access to data stored overseas.  But the courts are powerless to craft a balanced policy for law enforcement access to data stored abroad.  Only Congress can do it.


DOJ Provides Significant First Step in Surveillance Transparency Improvement

Yesterday, the U.S. Department of Justice (DOJ) announced that it would allow companies to publicly report more details about the government’s demands for user data under national security authorities. This is a very significant improvement over current law, but the enhanced disclosures still fall short of the recommendations provided by thePresident’s Review Group and the Privacy and Civil Liberties Oversight Board (PCLOB).   It also falls short of broadly supportive legislative proposals , providing less detailed reports on the number of requests and continuing to prohibit companies from specifying what provision of law authorized the order (for example, Section 702 or 703 of FISA).