Civil Liberties
1,361 Articles
Trump and GOP Call to ID Whistleblower Exposes Glaring Gaps in Protections
There are punishments for disclosing a whistleblower's identity in such a case. But the entire system is a patchwork of laws that needs to be rethought.
Correcting the Record: Wiretaps, the CLOUD Act, and the US-UK Agreement
Over at Stanford CIS blog, Albert Gidari takes aim at the wiretap-related provisions in the US-UK CLOUD Act Agreement – which Peter Swire and I wrote about separately here. He…
How to Address Newly Revealed Abuses of Section 702 Surveillance
Last week's FISA Court opinions provide even more evidence that the current system fails to adequately protect Americans’ privacy.
A Fourth Amendment Framework for Voiceprint Database Searches
Voice recognition technology should be subject to a new Fourth Amendment framework, drawing on the Supreme Court’s recent technology-related decisions, that treats each query…
The FISA Court’s Section 702 Opinions, Part II: Improper Queries and Echoes of “Bulk Collection”
Part II discusses the the FBI’s improper queries of Section 702 communications—as well as the FISA Court’s unsatisfactory solution for bringing the FBI into compliance with…
The FISA Court’s 702 Opinions, Part I: A History of Non-Compliance Repeats Itself
This is now the fourth major FISA Court opinion on Section 702 in 10 years documenting substantial non-compliance with the rules meant to protect Americans’ privacy.
The UK-US CLOUD Act Agreement Is Finally Here, Containing New Safeguards
Editor’s note: This piece is cross-posted at Lawfare. On Oct. 7, the United Kingdom and the United States released the text of the long-awaited data-sharing agreement—the…
New Spy Museum’s Torture Exhibit Glosses Over Depravity
If any visitor to the new International Spy Museum in Washington D.C. leaves the exhibit without a clear understanding that the CIA torture program was immoral, illegal, and counterproductive…
Contesting the Legality of Internet Shutdowns
As government communications shutdowns become more frequent, legal challenges citing international human rights law and domestic constitutional protections are also on the rise.…
Constitution Day 2019: The Hidden Domestic Surveillance Crisis
As we mark the 232nd anniversary of the signing of America’s governing charter, we have ample evidence that it continues to be violated by the federal officials charged with…
Fear and Loathing on the Border: A First-Hand Look at the Travesty
Far from the loophole-ridden sieve described by the administration, the asylum system we saw was a Kafka-esque labyrinth designed to punish migrants who dare to exercise their…
“Domestic Terrorism” Bills Create More Problems Than They Solve
Lack of will and focus are the real impediments to investigating and prosecuting perpetrators. What's more, proposals to expand the definition of “terrorism” could harm activity…