Civil Liberties
1,474 Articles
To Privacy Rights Advocates: Embrace DOJ’s Cross-Border Data Proposal
In a lengthy post yesterday, Greg Nojeim and Ross Shulman take aim at the newly proposed legislation from DOJ that would permit the cross-border sharing of data for law enforcement…
Foreign Governments, Tech Companies, and Your Data: A Response to Jennifer Daskal and Andrew Woods
In a thoughtful August 1 piece in Just Security and Lawfare, law professors Andrew Woods and Jennifer Daskal urged Congress to embrace a legislative proposal by the US Justice…
Third Circuit Holds Suspension Clause Does Not Apply to Non-Citizens Physically (But Not Lawfully) Present in the United States
In a breathtaking 80-page opinion handed down today in Castro v. U.S. Dep’t of Homeland Security, a unanimous panel of the Third Circuit has held that the Suspension Clause…
A Problematic Pseudo-Category of Surveillance Information and Promising Post-Collection Policy
This week, the Office of the Director of National Intelligence declassified a Foreign Intelligence Surveillance Court of Review (FISCR) opinion that has important broad implications…
Why Doesn’t the ABA Consider Discrimination Based on Military or Veteran Status to be an Ethics Violation? [Updated]
Earlier this month, the American Bar Association (ABA) crowed about a resolution (#109) that amended its Model Code of Professional Conduct to include as “professional misconduct”…
Trump’s CEO’s Smear Campaign Against Gold Star Father Khizr Khan – Headlines and Excerpts
Stephen Bannon, the new chief executive of Donald Trump’s campaign, ran the online outlet Breitbart News until joining the campaign. Below is a collection of headlines and excerpts…
Is it Unconstitutional for the Supreme Court to Hear Court-Martial Appeals?
According to a provocative new amicus brief filed by the Hoover Institution’s Adam White and UVA Law Professor Aditya Bamzai in opposition to certiorari in Akbar v. United…
France’s Emergency Powers: The New Normal
France’s latest renewal of its emergency law has made few headlines abroad—except perhaps in Turkey, where President Recep Tayyip Erdogan, fresh from passing his own sweeping…
Donald Trump’s Wall, David Rieff’s Long War, and the Dangers of Fear-Mongering
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…
It’s Time to Come to Terms With Secret Law: Part II
On Wednesday, I summarized the findings of my recent study of alleged secret law in the three branches of the US government and my conclusion that secret law is a limited but important…
Theresa May’s Record on Surveillance, Human Rights, and Counterterrorism
Theresa May, Britain’s newly appointed Prime Minister was previously the UK Home Secretary. In that role she fought for expansive state surveillance powers, blamed human rights…
It’s Time to Come to Terms With Secret Law: Part I
Secret law. The words are chilling. They evoke Kafka, unaccountable government, liberty subordinated to state security – and to some ears, perhaps simply the paranoid rantings…