Civil Liberties
1,361 Articles
German Cooperation With NSA Spies Broader Than We Knew
Late last month Der Spiegel reported that the Bundesnachrichtendienst (BND), Germany’s foreign intelligence agency, participated in and directly supported the National Security…
ACLU v. Clapper Will End the Telephone Dragnet
Last week’s dramatic Second Circuit decision in ACLU v. Clapper, invalidated the alleged legal basis for the NSA domestic phone call dragnet, Section 215 of the USA Patriot Act,…
Tightening the National Security Ratchet
A ratchet is a device that employs mechanical impediments to allow movement in only one direction. As such, it is a useful metaphor for national security policy, where restrictive…
United States v. Davis – Wrestling With the Third Party Doctrine
In the excitement over the Second Circuit’s ruling on the NSA’s bulk collection program, another very significant appellate decision that was issued last week has been largely…
What ACLU v. Clapper Means
Many others have already weighed in about the significance of last week’s ruling in ACLU v. Clapper. Here are my own quick thoughts. As regular readers of this blog already know,…
How the Second Circuit’s Decision in Clapper Informs the Section 215 Discussion
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…
Candidates, Senators, and Surveillance: The Stakes
In the wake of the US Court of Appeals for the Second Circuit ruling that the Patriot Act’s Section 215 metadata program is illegal, former Senator (and now presidential candidate)…
The Substance of the Second Circuit on 215: Four Key Takeaways
[Cross-posted at ACSblog] Yesterday the Second Circuit declared the NSA’s bulk telephone metadata program unlawful. Specifically, it ruled that it was unauthorized by section…
The Second Circuit and the Politics of Surveillance Reform
I have very little to add to Marty’s analysis of Judge Lynch’s opinion for a unanimous Second Circuit panel holding that the NSA’s bulk telephone metadata program…
[UPDATED with details and analysis] BREAKING: Second Circuit rules that Section 215 does not authorize telephony bulk collection program
[UPDATED] The opinion is here. Judge Sack’s concurring opinion is here. Because the court rules on statutory grounds, it does not reach the Fourth Amendment questions.…
USA Freedom Act: An Updated Readers’ Guide on Section 215
For the last several weeks, Congress has been discuss reforms to Section 215 of the Patriot Act, a provision that has been used to justify the collection of vast quantities…
The Counterterrorism Stances of the UK’s Major Political Parties
On Thursday, May 7, 2015, voters will go to the polls in the UK’s general election. With that in mind, it’s worth reviewing the domestic terrorism and extremism related-measures…