Civil Liberties
1,361 Articles
Adding Some Nuance on the European Court’s Safe Harbor Decision
Yesterday, the European Court of Justice (ECJ) issued a decision about European data protection laws as they relate to data transfers to the US. While there have been a number…
Congressional Due Process Failure: A Benghazi Example
The consequences of congressional scrutiny can be profound for the subjects of lawmakers’ investigations, yet the second Congress calls, almost none of the safeguards of the…
The Bass-Ackwards Detainee Transfer Provision in the FY2016 NDAA
There’s a lot to say about the 1,915-page National Defense Authorization Act (NDAA) for Fiscal Year 2016 that was unveiled yesterday by the House and Senate Armed Services…
A Proposal to Improve Foreign Law Enforcement Access to US-Held Data
In my last post, I reviewed a number of proposals to reform the Electronic Communications Privacy Act (ECPA). These proposals are aimed at delimiting law enforcement access to…
Video from The Going Dark Debate: Just Security’s Second Anniversary
As consumers increasingly adopt encryption tools, government officials have warned of the “Going Dark” problem – the notion that widespread encryption will thwart legitimate…
Charlie Hebdo and Hate Speech: Don’t Prosecute the Messenger
Nine months after their offices were attacked by Muslim extremists, Charlie Hebdo’s cartoonists are facing calls for prosecution for allegedly inciting hatred through cartoons…
Six National Security Questions Presidential Candidates Should Have To Answer
A lot of ink has already been spilled on Carly Fiorina’s … strange … focus in last week’s Republican debate on expanding the (already massive) Sixth Fleet as one of the…
Monday Reflection: Dark Birthday Edition
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…
Lifting the Gag Order on One NSL is Good, But It’s Just a Start
Earlier this week, the public got a look at that rare occurrence in a national security case: a court lifting a gag on the recipient of a surveillance request. On August 28, Judge…
ECPA Reform: A Primer
Last week, the Second Circuit heard oral argument in the Microsoft Ireland case (transcript). The dispute raises a number of pressing questions about the Electronic Communications…
Self-Censorship in Action: The British Library Rejects Taliban Archive
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…
DOJ’s New Stingray Policy is a Good Start, But It’s Got Problems
Last Thursday afternoon, just as we were all heading out for the Labor Day weekend, the Justice Department released new policy guidance on the use of cell-site simulator technology.…