Civil Liberties
1,361 Articles
The al-Aulaqi Opinion and Fourth Amendment “Seizures”
Friday’s decision by Judge Collyer, in which she dismissed Bivens claims brought by the families of Anwar al-Aulaqi, his son Abdulrahman, and Samir Khan (arising out of their…
Detention After the AUMF
Hot off the presses comes the Fordham Law Review‘s print issue with the papers from last September’s symposium on “Citizenship, Immigration, and National Security…
Searchable Database of NSA Documents
Some Just Security readers will be interested to know that the ACLU has just launched a text-searchable database of NSA documents released since June of 2013. The database is here.
Military Courts and Article III
For some time, I’ve been working on the larger implications of the jurisprudence arising from the Guantánamo military commissions and the Court of Appeals for the Armed…
Getting Under the Hood of the HPSCI Bulk Collection Bill
While details on the president’s proposal to end NSA bulk collection of telephony records remain sparse, we do now have an actual piece of legislation to look at from the…
Breaking News: The High Commissioner for Human Rights to Investigate the Situation in Sri Lanka
The Human Rights Council on Thursday issued a resolution (with a vote of 23 for, 12 against, and 12 abstentions) asking the U.N. High Commissioner for Human Rights to “investigate,…
The Extraterritorial Right to Privacy: An Opportunity to Impact the Debate
A codicil to our ongoing discussion of the human rights implications of foreign and mass surveillance (see prior posts by Ryan Goodman (here and here), Philip Alston, Jennifer…
DOJ Pushes to Expand Hacking Abilities Against Cyber-Criminals
The Wall Street Journal reports that the Department of Justice is seeking increased authority to remotely search not only computers but also cloud based services to which those…
International Law on Mass Foreign Surveillance: A Response to Ben Wittes and Ashley Deeks
On Monday, I joined the debate between Glenn Greenwald and Ben Wittes by arguing that the issue of mass surveillance of foreign populations is regulated by international human…
Some Questions About the President’s Phone-Records Proposal
In the New York Times, Charlie Savage reports that the administration intends to propose legislation that would end the NSA’s bulk collection of phone records. The legislation…
An End to Dragnet Surveillance?
The New York Times report that President Obama will call for an end to the bulk collection of American’s telephone metadata is yet further vindication for Edward Snowden in particular,…
President Obama Will Seek to Curb (End?) Section 215 Bulk Collection
In a story being reported this evening by Charlie Savage of The New York Times, it appears that President Obama is preparing to announce a legislative proposal that will seek…