Civil Liberties
1,368 Articles
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…
PCLOB Hearing on NSA Review
Today the Privacy and Civil Liberties Oversight Board (PCLOB) is holding a public hearing on recommended changes to surveillance programs authorized under the USA PATRIOT Act and…
We Are All Foreign Nationals — Even Orin Kerr
The always thought-provoking Orin Kerr has responded, on Lawfare, to my plea here for respecting the privacy rights of foreign nationals. Kerr finds my arguments unpersuasive,…
Steve Vladeck Mention on Colbert Report
[Editorial note: Earlier this week, Co-Editor-in-Chief Steve Vladeck testified during the House Permanent Select Committee on Intelligence’s open hearing on the NSA and FISA…
Trick or Treat?: New FISA “Reform” Legislation Passes Senate Intelligence Committee
Earlier this week, Sen. Dianne Feinstein expressed outrage that “the Senate Intelligence Committee was not satisfactorily informed” of the NSA’s surveillance…
La Plus Ça Change: A Look Back at Intelligence Gathering Reform
“To understand the past in order to better propose guidance for the future” -Church Commission (1976) Today’s report that the NSA has been tapping into Google and Yahoo data…