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Judge Keenan Identifies the Most Straightforward Reason Why the Entry Ban is Unlawful

Cross-posted on Take Care.   In the Fourth Circuit oral argument yesterday in IRAP v. Trump, Judge Barbara Keenan put her finger on a simple, basic reason why Section 2(c) of…

The Missing Middle in Police Reform

The killing of Jordan Edwards this week should yield outrage. It should also serve as a wake-up to the rest of America. I’m finishing a book on countries that recovered from…
A person holds a tablet with the image of a featureless face on it. Lines are highlighted across the face representing facial recognition.

Questions to Ask As DHS Proposes Border Drones With Facial Recognition

In what could prove to be a Frankenstein combination of invasive technologies, the Department of Homeland Security is considering a project to arm Customs and Border Patrol (CBP)…
Two people work on a laptop. One wears a jumper with “FBI” written on it, and the other wears a jumpsuit with “CIA” written on it.

Broad Warrantless Surveillance Threatens to Undermine the Criminal Justice System

Congressional debates about the renewal of one of the United States’ most sweeping intelligence surveillance laws are heating up. Helping to shape the discussion are several…

Censorship at the Border Threatens Free Speech Everywhere

Defending one’s political and religious beliefs to government officials is an obligation we associate with life in authoritarian regimes, not open societies.  It’s becoming…
A person holds a phone with an encryption password while typing on the keyboard of a laptop.

A Microsoft Ireland Fix: Time to Act is Now!

It’s been almost a year since the Second Circuit issued its decision in the Microsoft Ireland case, ruling that U.S. warrant authority pursuant to the Electronic Communications…
Trump and an American flag waving across in front of him.

Top Human Rights Lawyers’ Views on Trump’s Human Rights Record

“Human rights are at a nadir in Egypt,” wrote Human Rights Watch on the eve of President Donald Trump’s Monday meeting with Egyptian President Abdel Fattah el-Sisi at the…

Trump’s Islamophobic Record Provides Backdrop for New Counterterrorism Policies

Every one of the 10 airports targeted by the new “laptop ban,” issued last week by the Department of Homeland Security, is located in a Muslim-majority country. Unsurprisingly,…

Reforming Surveillance In the Age of Donald Trump

Above: An NSA site in Germany. On Wednesday, the Republican chair of the House Intelligence Committee, Devin Nunes (R-CA), gave a press conference in which he reported that Trump…

President Trump’s Campaign Promises Stick with Us—They should stick with him, too

The ongoing travel ban litigation has triggered intense debate on whether an assessment of the ban’s constitutionality must be limited to the “four corners” of President…

Incidental Collection Is Extremely Troubling, Regardless of Legality

A lot of ink has been spilled over statements by House Intelligence Committee Chairman Nunes that President Trump’s communications were incidentally collected pursuant to a surveillance…
The radar domes of RAF Menwith Hill in north Yorkshire against a blue day-light sky on 30 October, 2007, Harrogate, England.

Drawing a Line on Mass Surveillance: How Congress Must Reform Section 702

RAF Menwith Hill in the United Kingdom, host to U.S. National Security Agency facilities. On Monday, members of the House Intelligence Committee held an open hearing into Russian…
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