Civil Liberties
1,369 Articles
A New Era of Mass Surveillance is Emerging Across Europe
The world was a different place when, in October 2015, the Court of Justice of the European Union (CJEU) struck down the “Safe Harbour” data-sharing agreement that allowed…
The 16 Most Popular Just Security Posts of 2016
Before we turn our attention to 2017, we thought we’d look back at the 16 most popular posts on Just Security over the past year. The topics include everything from surveillance…
Recent Rule 41 Changes: A Catch-22 for Journalists
In early December, the final effort in the Senate to delay amendments to Rule 41 of the Federal Rule of Criminal Procedure was blocked, putting the updates into effect and making…
Recommended Holiday Reading from Just Security’s Editors
Just in time for holiday shopping, we asked some of our Just Security editors to help put together a reading list, partly with the incoming Trump administration in mind. We asked…
The (Potentially) Monumental Significance of the Jennings Supplemental Briefing Order
On November 30, the US Supreme Court heard oral argument in Jennings v. Rodriguez—a case that arises from three categories of immigration detention in which…
The Ninth Circuit’s Constitutional Detour in Mohamud
The Ninth Circuit’s decision in United States v. Mohamud continues a trend of disappointing decisions by lower courts on the constitutionality of FISA Section 702 surveillance.…
The Economic Incentives for International Cybersecurity Coordination
On Friday, the President’s Commission on Enhancing National Cybersecurity published its final report, making 16 recommendations and identifying 53 action items to improve cybersecurity…
Muslim Terrorism Suspects and Public Support for Harsh Interrogation and Detention
What can social scientific evidence tell us about whether Americans are more likely to support harsh interrogation, prosecution, and detention policies if a detainee or suspect…
Ninth Circuit Upholds 702 Foreign Intelligence Surveillance, But Leaves Open Future Challenges
Yesterday, the Ninth Circuit released its opinion in United States v. Mohamud – a case I described back in January 2015 as a “top national security” case to watch in the…
Rule 41 Has Been Updated: What’s Needed Next
On December, 1, the revised version of Federal Rule of Criminal Procedure 41 went into effect. The Department of Justice, which first proposed an earlier (and more expansive) version…
A Word to a Newfound Ally
As a longtime (and long-exasperated) reader of Lawfare, I’ve been heartened to see the site’s recent editorial turn, in response to current events, toward newly appreciating…
New Counterterrorism Program in Los Angeles: Suspicious Thought Reporting?
The FBI is teaming up with local police in Los Angeles to roll out a new approach to prevent domestic terrorism, called RENEW for “Recognizing Extremist Network Early Warnings.”…