Civil Liberties

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Just Security

Version 4.0 – Do We Need A New Privacy and Civil Liberties Board?

One aspect of the President’s Review Group report on NSA surveillance that has gone relatively unnoticed is the recommendation that the current Privacy and Civil Liberties Oversight…
Just Security

Could the NSA’s Telephony Metadata Program Have Prevented 9/11? Judge William Pauley v. Lawrence Wright

In an earlier post, I proposed some analytic tools for evaluating the effectiveness of the NSA’s telephony metadata program – in light of recommendations by the President’s…
Just Security

OLC Memos and FOIA: Why the (b)(5) Exemption Matters

The headline of yesterday’s D.C. Circuit decision in Electronic Frontier Foundation v. Department of Justice, in which the Court of Appeals rejected a FOIA request for a…
Just Security

Reactions to the New York Times and The Guardian Editorial Boards’ Call for Clemency for Snowden

As Ruchi covered this morning in the news roundup, today the editorial boards of the New York Times and The Guardian called on the Obama Administration to offer Edward Snowden…
Just Security

Prediction: Fourth Amendment Evolves in 2014

When should courts follow legal precedent and when should the law change?  This is a debate that underlies this month’s contrary decisions about the constitutionality of government…
Just Security

The “Front-Page Rule”

In my earlier post on the Report of the President’s Review Group on Intelligence and Communications Technologies (PRGICT), I highlighted a recurrent theme of the Report–the…
Just Security

Very Summary Account of Judge Pauley’s Opinion on the 215 Telephony Metadata Program

I’ll defer to others for substantive analysis of Judge Pauley’s opinion.  To facilitate discussion, however, here is a very abbreviated roadmap of his holdings, based…
Just Security

Judge Pauley (SDNY) Rules NSA Bulk Telephony Metadata Program is Constitutional

Earlier this month, Judge Leon (D.D.C.)  issued a ruling enjoining the NSA metadata program under Section 215 (and then staying his decision pending appeal), noting that the…
Just Security

How to Evaluate Whether the NSA’s Telephony Metadata Program Makes Us Safer (and What Proponents and Opponents Get Wrong)

[Editor’s Note: Just Security is holding a “mini forum” on the Report by the President’s Review Group on Intelligence and Communications Technologies. Others in the…
Just Security

How Limited is 702?

[Editor’s Note: Just Security is holding a “mini forum” on the Report by the President’s Review Group on Intelligence and Communications Technologies. Others in the series…
Just Security

Data-Mining, Section 215, and Regulating the Government’s Use of Stored Data: The Overlooked, but More Important, Question About NSA Surveillance

[Editor’s Note: Just Security is holding a “mini forum” on the Report by the President’s Review Group on Intelligence and Communications Technologies. Others in the series…
Just Security

Highlights of the Report of the President’s Review Group on Intelligence and Communications Technologies

[Editor’s Note: Just Security is holding a “mini forum” on the Report by the President’s Review Group on Intelligence and Communications Technologies. Others in the series…
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