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American flags fly over the Federal Bureau of Investigation (FBI) building on July 18, 2001 in Washington, D. C.

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.
American and British flag pair under a magnifier.

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…
A sign at the new International Spy Museum during a media preview ahead of its opening in Washington, DC, May 7, 2019 reads, “Are you prepared to enter the shadow world?”

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…
A mobile browser unable to connect to Facebook.

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.…
A collection of FBI rubber stamps reading, “Secret,” “Top secret material attached,” “Confidential material attached,” “Training,” and more.

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…
Protestors led by a coalition of interfaith religious leaders demonstrate against US immigration policy that separates parents from their children, June 23, 2018 outside the Otay Mesa Detention Center in San Diego, California. A sign reads, “Stop caging families,” and many protestors wear shirts reading, “& Vote.”

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…
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“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…
A protester wearing a model head of Facebook CEO Mark Zuckerberg poses for media outside Portcullis House on November 27, 2018 in London, England. They hold a sign reading, “Where’s Mark??”

How Data Privacy Laws Can Fight Fake News

Governments from Russia to Iran have exploited social media’s connectivity, openness, and polarization to influence elections, sow discord, and drown out dissent. While responses…
Protestors hold a demonstration against U.S. Customs and Border Patrol funding during a rally inside the Russell Senate Office Building Rotunda on June 25, 2019 on Capitol Hill in Washington, DC.

Border Agents’ Secret Facebook Group Highlights Social Media Vetting Risks for Immigrants

Government social media monitoring is ripe for abuse in any context, but the implications of Customs and Border Protection's environment of racism and lack of oversight demand…
U.S. Border Patrol agents search a vehicle that was sent to secondary inspection at a highway checkpoint on August 1, 2018 in West Enfield, Maine.

Congress Tackles the “100-Mile” Border Zone for Federal Checkpoints

A long-festering issue affecting the entire U.S. border on the north, south, east, and west is finally getting congressional attention: the so-called “100-mile border zone”…
Nati Rom, the founder of Israel's Lev Haolam organization which is active against the Palestnian-led boycott movement, walks next to an Airbnb apartment located in the Esh Kodesh outpost near the Jewish settlemtn of Shilo in the occupied West Bank on November 20, 2018.

Airbnb’s Listings in Disputed Territories: A Tortured Compromise

Under the terms of two recent court settlements, Airbnb will continue to offer rentals in Israeli settlements in occupied Palestinian territories. That reversal raises potentially…
People walk on a sidewalk on the U.S. side of the U.S.-Mexico border barrier on January 25, 2019 in San Diego, California.

Democratic Debates Round 2: Time to Ask About America’s Courts

When the Democratic U.S. presidential candidates face off in Detroit for their second debates July 30-31, they or the moderators should raise what will be one of the most pressing…
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