FAS

CRS on Probable Cause and Reasonable Suspicion

02.08.06 | 1 min read | Text by Steven Aftergood

The terms “probable cause” and “reasonable suspicion” have almost become household words by now due to continuing public controversy over the legality of the NSA surveillance program.

The legal definitions of these terms were examined in a new memorandum prepared by the Congressional Research Service for the Senate Intelligence Committee. A copy was obtained by Secrecy News.

See “Probable Cause, Reasonable Suspicion, and Reasonableness Standards in the Context of the Fourth Amendment and the Foreign Intelligence Surveillance Act,” January 30, 2006.

Two leading Democratic members of the House and Senate Intelligence Committees wrote to the Director of the
Congressional Research Service yesterday to reject charges of CRS “bias” that were leveled by Rep. Pete Hoekstra, Chairman of the House Intelligence Committee, last week.

“We write to correct the record,” wrote Senator Dianne Feinstein and Rep. Jane Harman on February 7.

“We have found these CRS documents very helpful in conducting our oversight responsibilities, and disagree that they are ‘speculating with respect to highly sensitive national security matters’ as Chairman Hoekstra asserts.”

“Indeed, the legal analyses provided by CRS have been especially informative given the Executive Branch’s unwillingness to provide information to the Congress or to the American public as is appropriate,” they wrote.

publications
See all publications
Environment
Blog
Disaster Policy Nerds Explain the Good, Bad, and Ugly in FEMA Review Council Report

After months of delay, the council tasked by President Trump to review the FEMA released its final report. Our disaster policy nerds have thoughts.

05.21.26 | 8 min read
read more
Global Risk
Press release
Federation of American Scientists, Future of Life Institute Present Converging Risks Report, AI Impact Awards at Gala

FAS and FLI partnered to build a series of convenings and reports across the intersections of artificial intelligence (AI) with biosecurity, cybersecurity, nuclear command and control, military integration, and frontier AI governance. This project brought together leaders across these areas and created a space that was rigorous, transpartisan, and solutions-oriented to approach how we should think about how AI is rapidly changing global risks.

05.20.26 | 9 min read
read more
Emerging Technology
Blog
Closing the Strategic Capital Gap: The Case for Modernizing the Export-Import Bank

Investment should instead be directed at sectors where American technology and innovation exist but the infrastructure to commercialize them domestically does not—and where the national security case is clear.

05.20.26 | 3 min read
read more
Global Risk
Report
Converging Risks: AI and the Future of Global Security

AI is already consequential, but its future trajectory remains contested. Policymakers should make their assumptions explicit, focus on what can be shaped rather than what can be perfectly predicted, and build institutions that can learn and respond as evidence changes.

05.20.26 | 5 min read
read more