Civil Liberties
1,361 Articles
A Federal Shield Law is Needed to Protect Confidential Sources and the Public’s Right to Know: A Reply to David Pozen
[The post below is part of an exchange between Dave Pozen and Sophia Cope on media shield laws and the recently proposed Free Flow of Information Act. Don’t miss Dave’s…
Why a Media Shield Law May Be a Sieve
[The post below is part of an exchange between Dave Pozen and Sophia Cope on media shield laws and the recently proposed Free Flow of Information Act. Don’t miss Sophia’s…
The Solicitor General Should Correct the Record in Clapper
In yesterday’s New York Times, Charlie Savage confirmed something we’ve suspected for some time—that until very recently the Justice Department was failing to provide statutorily…
We All Go Down Together: NSA Programs Overseas Violate Americans’ Privacy, Yet Escape FISC, Congressional Oversight
Ongoing revelations show that significant NSA surveillance activities take place outside of either Foreign Intelligence Surveillance Court (FISC) or congressional oversight, even…
United States Report to the UN Human Rights Committee: Lex Specialis and Extraterritoriality
The United States was poised to present its views tomorrow to the Human Rights Committee, which monitors state parties’ compliance with the International Covenant on Civil…
The Government’s Initial Supreme Court Filing on the Section 215 “Telephony Records Program”
On Friday the government filed its brief in opposition to the Electronic Privacy Information Center’s mandamus petition to the Supreme Court, No. 13-58, in which EPIC is challenging…
Al-Libi: Nine (or Fewer) Days of AUMF Detention
So reports the Associated Press: “U.S. officials say a Libyan terrorist suspect who was held aboard a U.S. warship is now in the United States.” That would mean that…
Foreign Intelligence Surveillance Court Approves Renewal of “Telephony Records Program” [UPDATED]
Judge Eagan’s latest Section 215 metadata order for the FISC expired last Friday. The government sought renewal, and the FISC has approved it, reports the Director of National…
Other Uses of the NSA Call Records Database—Fingerprinting Burners?
We’ve now heard in some detail about how the NSA made use of its vast database of call records to investigate links between terror suspects via “contact chaining”…
The Case of Abu Anas al-Libi: The Domestic Law Issues
It is now well-known that Abu Anas al-Libi was seized in front of his home in Tripoli on Saturday, October 5 and transported to a U.S. ship in the Mediterranean, where he is reportedly…
Government Shutdown Postpones Declassification Review of FISC Opinion
Today, the FISC granted the government’s motion to delay a declassification review of prior FISC opinions regarding the legality of Section 215 of the Patriot Act. Contrary…
Al-Liby: “Rendition to Justice” under Human Rights and Humanitarian Law
The U.S. government is reportedly holding Abu Anas al-Liby (Nazih Abdul-Hamed al-Ruqai) on a Navy ship following a military-led apprehension in Tripoli on October 5. The capture…