Civil Liberties
1,361 Articles
Don’t Close Your Eyes to Surveillance Dangers: A Response to Richard Epstein
Richard Epstein’s office at the Hoover Institution is less than a mile from mine at Stanford Law School, and I’ve had the pleasure to hear Richard speak to the faculty on a…
Security, Uncertainty, and the National Security Administration: The President Should Defend, Not Revise, Current NSA Procedures
The question of national security and its relationship to individual privacy has always provoked a challenge for persons with strong libertarian inclinations, who rightly embrace…
Section 215 Telephone Metadata Collection: The Privacy and Civil Liberties Oversight Board Trashes Pretty Much Everyone
Wow. There’s really no other way to capture what the Privacy and Civil Liberties Oversight Board told the nation today in its 200+ page report on the NSA’s telephone metadata…
Privacy Board Debunks Purported Justification for NSA’s Phone-Records Dragnet
The just-released report of the Privacy and Civil Liberties Oversight Board is rigorous and well-written, and it’s worth reading in its entirety. One section warranting particular…
PCLOB Releases Report, Recommends Government End §215 Program
Today, the Privacy and Civil Liberties Oversight Board (PCLOB) released its report (full text) on the NSA’s bulk telephony metadata collection program under Section 215…
Does “Espionage Porn” Make Us Stronger?
Although they have somewhat different focuses, one can find much in common in recent posts about the continuing byproducts of the Snowden disclosures (including last Friday’s…
Balancing the Public Interest in Disclosures
On Monday, Marc Theissen had an opinion piece in the Washington Post taking The New York Times to task for publishing the details of the NSA’s capabilities of using radio…
The Constitutional Case for Judicial Authority To Order the Transfer and Release of Guantánamo Detainees Cleared for Release
In the statement that he issued as he signed the 2014 National Defense Authorization Act (NDAA), President Obama, addressing the Act’s continuing restrictions on the transfer…
Which Congressional NSA Reform Proposals Will the Obama Administration Now Support?
A lot of my reactions to yesterday’s surveillance reform speech by President Obama have already been captured by others, including David Cole in his thoughtful take over…
The Disconnect between Theory and Practice in Obama’s NSA Speech
I have a post on Foreign Policy arguing that there was a substantial disconnect between theory and practice in President Obama’s NSA speech yesterday. On the one hand, President…
Friday Evening Document Dump: DNI Declassifies Host of Additional FISC Orders
Late this afternoon, the DNI declassified two dozen FISC orders related to the collection and use of telephony metadata under Section 215 of the PATRIOT Act. In today’s…
Overview of Proposals to Reform Signals Intelligence Programs in Today’s Speech by the President
In today’s speech on Signals Intelligence Programs, President Obama outlined a number of “concrete and substantial reforms that [the] Administration intends to adopt…