Civil Liberties
1,361 Articles
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…
Congress Squawks as Surveillance Chickens Come Home to Roost
A year that has alternated between major surveillance reforms and calls for new spying laws in the wake of ISIS attacks is set to close with a pendulum swing back against NSA surveillance…
The Scope of the Prepublication Review Problem, and What to Do About It
Editor’s note: This post also appears on Lawfare. The problems in the prepublication review process that we identified in our Washington Post op-ed and in a subsequent post…
Path Dependence and the Prepublication Review Process
Editor’s note: This post also appears on Lawfare. Over the weekend, we wrote an op-ed in the Washington Post about the lifetime prepublication review process required of nearly…
More Problems With Prepublication Review
Editor’s note: This post also appears on Lawfare. Over the weekend, we published an op-ed in the Washington Post about the government’s broken prepublication review process.…
The Over-Complicated Prepublication Review Process
I wanted to quickly flag for readers a great op-ed written by our own Oona Hathaway and Lawfare’s Jack Goldsmith in the Washington Post that dives into how out of control the…
What explains the three-year delay on the Slahi habeas petition?
As Ben Wittes notes over at Lawfare, last week Judge Royce Lamberth denied a motion by habeas petitioner Mohamedou Ould Slahi to require the Department of Defense to expedite…
A FOIA Circuit Split That the Supreme Court Needs To Resolve
On Friday, January 8, the Supreme Court will consider a petition for certiorari in EPIC v. DHS, a lawsuit by the Electronic Privacy and Information Center (EPIC) under the Freedom…
The “Snooper’s Charter” and Judicial Oversight
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…