Civil Liberties
1,361 Articles
Why al Bahlul is Rightly Decided
Over at Lawfare, I have a pair of longer posts following up on Friday’s quick-and-dirty summary of the D.C. Circuit’s ruling in al Bahlul v. United States, in which…
UN’s David Kaye on Encryption, Anonymity, and Human Rights
In his first report as UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, David Kaye fired a shot across the bow of governments…
What al Bahlul Says, and What It Means
It’s going to take some time to fully work through the lengthy opinions handed down by the D.C. Circuit this morning in al Bahlul v. United States. But at the risk of…
Closing Guantánamo Will Help Combat Terrorist Propaganda
It’s no secret that extremist groups like al-Qaeda and ISIL use the American prison at Guantánamo Bay as a recruiting tool and rallying cry against the United States. The topic…
Why the Latest Ridiculous Guantánamo Amendment is Almost Certainly Unconstitutional
Later today, the House of Representatives appears set to vote on the following amendment to the Department of Defense appropriations bill, sponsored by Missouri Congressman Jason…
UK Investigatory Powers Review: A New Blueprint for Surveillance?
“the importance of clear law, fair procedures, rights compliance and transparency: not just fashionable buzz-words, but the necessary foundation for the trust between government…
An Important New Filing in the Continuing Saga of Mohamedou Ould Slahi
This morning, lawyers for Guantánamo detainee Mohamedou Ould Slahi–the international best-selling author of “Guantánamo Diary”–filed a new motion in the…
The (Telephony) Matrix Reloaded
The Obama administration has sought to temporarily relaunch the NSA’s bulk telephone records collection program, which was wound down over recent weeks as its legal foundation,…
The Need for a USA Freedom Technical Corrections Act
In a post on Thursday entitled “What Did the USA FREEDOM Act Actually Amend?,” Megan Graham of Just Security carefully described a huge problem with the USA FREEDOM Act, one…
Three Problems With Judge Brown’s Opinion in Tuaua
On Friday, I promised to write more about the D.C. Circuit’s decision in Tuaua v. United States, in which the three-judge panel (Brown, Silberman, & Sentelle, JJ.)…
D.C. Circuit Rejects Birthright Citizenship for American Samoans
This morning, the D.C. Circuit decided Tuaua v. United States, a case I previewed here back in February that raises the question of whether American Samoans are entitled to…
Chris Soghoian Q+A: The Next Chapter of Surveillance Reform
I recently conducted a wide-ranging Q+A with the ACLU’s chief technologist, Chris Soghoian, on a range of topics, from the “fraudulent” nature of the recent debate over Section…