Civil Liberties
1,361 Articles

More Guantánamo Mishegas (The Unlawful Detention of a US Citizen Edition)
Just when it seems like the ongoing, neverending saga that is the Guantánamo military commissions can’t get any stranger, there’s this: As Carol Rosenberg (who else)…

Mass Hacks of Private Email Aren’t Whistleblowing, They are at Odds With It
The Exxon Valdez after leaking more than 10 million gallons of oil into Alaska’s Prince William Sound in March, 1989. Image via NOAA/Wikimedia The world of 2016 is one where…

The Dangerous Implications of the Microsoft Ireland Case
Yesterday evening, the government filed its petition for rehearing or rehearing en banc in the Microsoft Ireland case. Throughout the brief, the government warns of both the…

Hot off the Presses: DOJ Rehearing Petition in the Microsoft Ireland Case (Full Text)
DOJ filed the attached motion tonight, seeking rehearing or reaching en banc in the Microsoft Ireland case. In the government’s words: “The [panel] Opinion has created…

“A First Amendment in the Digital Age”—Peter Zenger Lecture
I had the honor of delivering the inaugural Peter Zenger lecture at Columbia Journalism School last week. The lecture is named for a newspaper publisher who was tried for libel…

Are Companies Bulk-Scanning E-mails for Spy Agencies?
UPDATE: Charlie Savage and Nicole Perlroth have an article in The New York Times resolving quite a few of the questions raised here; I’ve added comments as appropriate.…

The UK Snooper’s Charter and the Anderson Report on Bulk Powers
In August, the UK’s Independent Reviewer of Terrorism Legislation, David Anderson QC, released his “Report of the Bulk Powers Review”. He was asked to undertake the review…

Correcting the Record on Section 702: A Prerequisite for Meaningful Surveillance Reform, Part III
In our previous posts, we’ve argued that the NSA is collecting massive amounts of data about US citizens under conditions that have nothing to do with terrorism or national…

Letter to the Editor: Suggestions for Just Security’s Questions to the Presidential Candidates
I like the idea of Just Security‘s listing questions for the presidential nominees. As you ran them again before last night’s debate, and presumably may run them at…

Just Security’s Questions for Clinton and Trump
Given the importance of tonight’s prime-time debate between US presidential candidates Hillary Clinton and Donald Trump, we’re again running our list of vital national…

A Broken Playbook: The NYPD Targeted Muslims in Over 95-Percent of Investigations That Broke Surveillance Rules
The NYPD’s Intelligence Bureau consistently broke court-imposed rules governing investigations involving political activity, according to a recent report by the NYPD Inspector…

Correcting the Record on Section 702: A Prerequisite for Meaningful Surveillance Reform, Part II
Last week, we argued that the public discussion surrounding two of the government’s most controversial mass surveillance programs – PRISM and Upstream – has not sufficiently…