Civil Liberties
1,361 Articles
Why the CLOUD Act is Good for Privacy and Human Rights
Above: Lawyer Joshua Rosenkranz and Brad Smith, President and Chief Legal Officer of Microsoft, speak to reporters following oral arguments in the U.S. v. Microsoft case at the…
More Trouble for Undocumented Immigrants and the Suspension Clause
Back in August 2016, I wrote a lengthy post about the Third Circuit’s decision in Castro v. Department of Homeland Security, which held that recently-arrived undocumented…
The Empty Promise of “Waivers” from Trump’s Muslim Ban
Reports from U.S. embassies cast doubt on a central legal defense to the travel ban’s constitutionality: individualized waivers. Statistics show that only two out of 8,406 visa…
Microsoft Ireland: Extraterritoriality Step Zero
United States v. Microsoft is a fascinating case because it appears at the cross-roads of so many different areas of the law—the Fourth Amendment, criminal law, data privacy,…
The Parties in U.S. v. Microsoft Are Misinterpreting the Stored Communications Act’s Warrant Authority
United States v. Microsoft comes to the court in stark terms. The case involves a search warrant demanding that Microsoft turn over stored emails from a server in Ireland. That…
Introducing Just Security’s Symposium on United States v. Microsoft
Just Security is pleased to announce the launch of an online symposium on United States v. Microsoft, which will be argued at the U.S. Supreme Court on February 27. The question…
The Age of Unregulated Social Media Is Over
In the United States, discussion of regulating technology companies such as Google, Facebook and Twitter is still relatively rare, and considered remarkable when it occurs. But…
Left Out of the Party on Cloud Nine: A Response to Jennifer Daskal
A new bill meant to address cross-border access to data is not a cause for celebration. It fails to include fundamental safeguards to protect consumer's rights. The CLOUD Act would…
Surveillance Law Backers’ ‘Willie Horton’ Tactics
In the aftermath of the renewal of a major U.S. surveillance law last month, anyone concerned about civil rights should be taking stock of both the government’s extensive surveillance…
Episode 55 of the National Security Law Podcast: #ReleaseThePodcast
Happy anniversary, y’all! It’s been one full year since we launched this podcast, and we are very grateful for all our listeners. Here’s hoping there is *less* to discuss…
Stop Calling It “Incidental” Collection of Americans’ Emails: The Gov’t’s Renewed Surveillance Powers
Former Acting FBI Dir. Andrew McCabe, Deputy AG Rod Rosenstein, DNI Dan Coats, and NSA Dir. Adm. Michael Rogers testify on re-authorization of Foreign Intelligence Surveillance…
The UN Security Council, Global Watch Lists, Biometrics, and the Threat to the Rule of Law
Members of the United Nations Security Council meet at U.N. headquarters, April 5, 2017 in New York City. (Drew Angerer/Getty Images) While much of the world was not paying attention,…