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Clouds pass over the U.S. Capitol on March 7, 2017 in Washington, DC.

Modernizing ECPA: We need Congressional action despite DOJ’s new gag order guidelines

On October 24, the Justice Department announced new binding guidance designed to limit the routine use of non-disclosure orders that are used to prevent tech companies from notifying…

Conservative Correctness: The Terrorism Double Standard

Hours after last week’s attack in Manhattan, President Donald Trump took to Twitter to say, “We must not allow ISIS to return, or enter, our country after defeating them…
Just Security

Recap of Recent Pieces on Just Security (Oct. 28-Nov. 3)

Cybersecurity and Cyber Conflict Robert S. Taylor, Cyber, Sovereignty, and North Korea–And the Risk of Inaction Michelle Richardson and Mike Godwin, What the White House Needs…
The crashed vehicle used in what is being described as a terrorist attack sits in lower Manhattan the morning after the event on November 1, 2017 in New York City. Police walk around the area. Ribbon ropes off the area around the truck.

For Quick and Strong Justice, Look to the Courts—Not Guantanamo

On Wednesday, Senators Lindsey Graham and John McCain reignited a seemingly settled debate by urging that Sayfullo Saipov, the suspect in Tuesday’s horrific terrorist attack…
Former campaign manager for U.S. President Donald Trump, Paul Manafort, smiles as he leaves U.S. District Court after pleading not guilty following his indictment on federal charges on October 30, 2017 in Washington, DC.

Norms Watch: Democracy, the Trump Administration, and Reactions to It (October 2017)

Sign up here to receive Norms Watch in your inbox once a month. INTRODUCTORY NOTE This edition of Norms Watch will examine the ten greatest violations of democratic norms in the…

Episode 44 of the National Security Law Podcast: Interrogation, Prosecution, and Detention Issues in the Wake of the NYC Attack

We are back, one day after dropping episode 43, with an emergency podcast discussion the legal consequences of the horrific attack that occurred in New York City yesterday.  The…
A truck carries the crashed vehicle from the terrorist attack on November 1, 2017 in New York City. The truck carrying the vehicle uses the entire road even though parked cars in opposing directions on both sides of the road and a double yellow line down the middle indicate it is a two way street. The truck travels on November 2nd, the day after the attack.

Terror in NYC: The Real Test Comes Tomorrow, Not Today

New York City officials are already calling Tuesday’s awful attack in downtown Manhattan “an act of terror.”  Whether they are right remains to be seen; but, if so, the…

Episode 43 of the National Security Law Podcast: Unseal this Podcast!

It’s been a busy week in national security law! In Episode 43, Professor Bobby Chesney and I take on: Mueller-Time: Indictments against Manafort and Gates, and an even-more important…
Just Security

Recap of Recent Pieces on Just Security (Oct. 21-27)

Russia Investigation and Facebook Ryan Goodman, Top Experts: Can Facebook Legally Disclose Russian Ads–What does the Stored Communications Act say? Artin Afkhami, Former Federal…
The Facebook login page on a computer screen. The screen is partly blacked-out to show only a circle revealing “Facebook – Facebook helps you…the people in your…”

Top Experts: Can Facebook Legally Disclose Russian Ads–What Does the Stored Communications Act say?

I asked several of the most highly respected legal experts for their views on an issue yet to receive significant attention in the news: whether and to what extent, if any, a federal…
Just Security

Former Federal Prosecutor Renato Mariotti’s Tweet Threads

Renato Mariotti, a member of the Just Security Editorial Board and former federal prosecutor in Illinois, has written incisive and sophisticated legal analysis on the Trump-Russia…

Happy PATRIOT Act Day!

On this day, 16 years ago, President George W. Bush signed into law the most sweeping, publicly acknowledged domestic surveillance authority in American history. Enacted six weeks…
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