Civil Liberties
1,368 Articles
The Alarming Gaps in Military Appellate Review
We pay a lot of attention on this blog to the Guantánamo military commissions and the principal structural defect in those tribunals as currently constituted, to wit, their power…
Does CISA Contain a Surveillance Law XSS Attack?
Skeptical concerns about the proposed Cybersecurity Information Sharing Act have, thus far, tended to fall into two main categories: Doubts about efficacy—most actual practitioners…
Warrantless Phone Tracking: The Fourth Amendment and Circuit Splits
Last week, a divided three-judge panel of the Fourth Circuit ruled in United States v. Graham that the government must obtain a warrant to obtain from a phone user’s historical…
The APA’s Watershed Move to Ban Psychologists’ Complicity in Torture
As Marty Lederman wrote about here, the APA Council of Representatives made waves on Friday by approving, with a near-unanimous vote, a resolution that (1) bans psychologists…
The Dream of Internet Freedom Doesn’t Have to Die
This post is a version of the introduction to the author’s keynote speech, “The Lifecycle of a Revolution” at this year’s Black Hat information security conference. Twenty…
President Obama’s Military Commissions
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…
French Surveillance Law Compared to US Surveillance Law
Last Thursday, France’s constitutional court—le Conseil constitutionnel—issued a ruling upholding most of that country’s controversial new surveillance law, enacted in…
The Role of Judges Under UK Surveillance Laws May be About to Change
For centuries, the authorization of surveillance powers under UK law has – for the most part – been in the hands of the executive rather than judges. All that may be about…
The Government’s Overstated Rehearing Petition in al Bahlul
I wasn’t originally planning to blog about the petition for rehearing en banc filed by the government on Monday in al Bahlul v. United States, challenging the three-judge…
The Reasons Why Dylann Roof Wasn’t Charged With Terrorism
Last week, Dylann Roof was charged with 33 criminal acts, including hate crimes and firearm violations, for his killing spree at a historic African American church in Charleston,…
Legislative Cyber Threats: CISA’s Not The Only One
If anyone in the United States Senate had any doubts that the proposed Cyber Information Sharing Act (CISA) was universally hated by a range of civil society groups, a literal…
Has the Human Rights Committee Extended its Reach?
Last week the UN Human Rights Committee, the independent body created by the International Covenant on Civil and Political Rights (ICCPR) to monitor states’ compliance, issued…