Civil Liberties
1,369 Articles
America’s Muddled Approach to Fighting ISIS
Last month, the Los Angeles Times ran a story that helped highlight one facet of the muddled thinking afflicting the US government’s campaign against ISIS: While the military…
The Way Forward for Surveillance Reform Can Balance Human Rights and Government Needs
The fall of 2015 was marked by two key developments in the debate about laws on communications surveillance and the right to privacy. First, on October 6, the EU Court of Justice…
The European Court of Human Rights Constrains Mass Surveillance (Again)
In a decision that may someday be considered the penultimate nail in the coffin that European courts have been building for mass surveillance, the European Court of Human Rights…
National Security Letters and Leak Investigations
Journalists were reminded again last week of how little legal protection actually exists when the federal government decides to investigate national security leaks. In an ongoing…
“Ideating” on ISIS and Silicon Valley
In a lot of Silicon Valley meetings, participants “iterate,” “ideate,” and “sync,” and do other buzzwordy things. Every once in a while something innovative and impactful…
USA Freedom: The Rubber Meets the Road
The National Security Agency has released its Transparency Report on the implementation of the USA Freedom Act — as well as the minimization procedures to be used for the new…
James Comey’s Default-Encryption Bogeyman
FBI Director James Comey recently told the Senate Judiciary Committee that encryption routinely poses a problem for law enforcement. He stated that encryption has “moved from…
Fixing Pre-Publication Review: What Should Be Done?
Jack Goldsmith and Oona Hathaway called attention in several recent columns to the pre-publication review process (here, here, here, and here) that many current and former national…
Settlement of NYPD Muslim Surveillance Lawsuits: A Platform for Better Oversight
Last week, the City of New York agreed to settle two federal lawsuits challenging the NYPD’s surveillance of American Muslims, promising to reform the rules that govern how the…
Content Is Content, No Matter How Small
Recently, Orin Kerr and I had a brief conversation on Twitter regarding the Fourth Amendment and the content/non-content distinction. Specifically, Orin asked those of us who subscribe…
Social Media Companies Should Decline the Government’s Invitation to Join the National Security State
The pressure on social media companies to limit or take down content in the name of national security has never been greater. Resolving any ambiguity about the how much the Obama…
A Few Keystrokes Could Solve the Crime. Would You Press Enter?
Image credit: Wikimedia Commons Suppose a laptop were found at the apartment of one of the perpetrators of last year’s Paris attacks. It’s searched by the authorities pursuant…