Civil Liberties
1,361 Articles
The D.C. Circuit and Guantánamo, Post-Filibuster Edition
I’ve written a lot (too much!) before about both the D.C. Circuit’s jurisprudence in post-Boumediene Guantánamo cases and the Supreme Court’s passivity in…
The New US “Red Line” – No Privacy Rights For Foreigners
Colum Lynch has a fascinating blog at Foreign Policy based on a leaked memo reflecting the United States’ latest “redline”: that no privacy rights be recognized for foreigners…
Early Thoughts on the New NSA Disclosures
There’s going to be a lot to say in the coming days and weeks about the more-than-six dozen surveillance-related documents declassified and disclosed yesterday by the ODNI.…
Hearing in Another Surveillance Challenge Today
In previous posts I’ve discussed filings in the two most prominent challenges to the government’s “Telephony Records Program.” Things are moving along…
Creative Ambiguity – International Law’s Distant Relationship with Peacetime Spying
In all the sound and fury over “five eye” intercept programs, commentators appear so far to have paid relatively little attention to international law. This is no simple…
More on Wittes and the Rights of Others
The debate on the privacy rights of foreign nationals goes on, at least in the blogosphere. Ben Wittes responds to my post here on Lawfare today by objecting that I have not…
More on the Rights of Others – Ben Wittes’ Failure of Imagination
Ben Wittes weighs in today on Lawfare on the side of rejecting privacy rights for anyone but U.S. citizens, aligning himself with Orin Kerr and against myself [see my previous…
Making Sense of the NSA Metadata Collection Program (Part II)
In a previous post here on Just Security, I discussed the constitutionality of the National Security Agency (NSA) program that sweeps up detailed “metadata” pertaining to essentially…
The Coming Hicks and Khadr Appeals: Yet Another Military Commission Headache
As various media outlets reported earlier this week, Australian David Hicks–one of the first detainees charged and convicted (via plea) under the Military Commissions Act…
My New Paper on Standing and Secret Surveillance
Our good friend (and separation-of-powers maven) Peter Shane from (the) Ohio State University’s Moritz College of Law is hosting a “virtual” symposium on NSA…
The Basis for the NSA’s Call-Tracking Program Has Disappeared, If It Ever Existed [Updated]
There’s a significant discrepancy, one that deserves more attention, between what the NSA told the Foreign Intelligence Surveillance Court five years ago about the call-tracking…
The Constitutionality of a FISA “Special Advocate”
The Privacy and Civil Liberties Oversight Board (PCLOB) is holding a day-long hearing today on possible reforms to the NSA’s surveillance activities—especially those conducted…