Civil Liberties
1,368 Articles
Senator McConnell’s Modest Proposal to Reform Section 215: Don’t!
With only 14 legislative days remaining (in the House, anyway) before Section 215 of the USA PATRIOT Act (which the government argues, and the Foreign Intelligence Surveillance…
The al Bahlul Oral Argument Semianniversary
Today, April 22, marks the six-month anniversary of the oral argument before the D.C. Circuit in al Bahlul v. United States, by far the most significant constitutional challenge…
The Complexity of Addressing Sexual Violence Experienced by Guantanamo Bay Detainees
The Senate Torture Report enabled deeper understanding of the depth and range of violence experienced at CIA black sites by male detainees who later ended up at Guantanamo Bay,…
More on Flawed Research and Flawed Counterterrorism Policies
I want to concur with the thoughtful views articulated by Michael German last week addressing terrorism and counterterrorism research. Having spent twenty years working and researching…
Appointing Democratic Judges to the FISA Court Won’t Solve Its Structural Flaws
Chief Justice Roberts recently named two new judges to the Foreign Intelligence Surveillance Court (FISC) — Judge James P. Jones from the Western District of Virginia and Judge…
The Targeted Killing That Wasn’t: What We Can Learn From the Case of Mohanad Mahmoud al-Farekh
A 2009 US Air Force photo titled “Ready to hunt” shows an armed MQ-9 Reaper drone taxiing in Kandahar, Afghanistan. Almost two weeks ago, we learned from the Washington…
The Patriot Act’s Sunset is the Perfect Chance to Make the FISA Court More Like a Real Court
In the coming weeks, Congress must decide whether to renew the Patriot Act, which the National Security Agency (NSA) uses to collect Americans’ telephone records in bulk, regardless…
Advancing Human Rights from Within: The Footsteps of Harold Koh
The 2015 annual meeting of the American Society of International Law (ASIL) is well underway this week in Washington, DC. Five years ago Harold Koh, as Legal Adviser of the State…
The Investigation into 12333 Begins
The Privacy and Civil Liberties Oversight Board (PCLOB) voted 4–1 yesterday to conduct reviews of how Executive Order 12333 is used in counterterrorism investigations by the…
The DEA’s Bulk Collection Program
Defenders of the NSA’s notorious bulk telephony program have stressed since it was first disclosed that the massive database of calling information can only be used for national…
Talking About Section 215: A Readers’ Guide
Media coverage of John Oliver’s critique about the lack of discussion surrounding government surveillance programs seems to prove his point. Much, if not most, of the attention…
Is Flawed Terrorism Research Driving Flawed Counterterrorism Policies?
More than thirteen years after the U.S. intelligence community named the prevention of terrorism its number one goal, it seems to have little understanding of what drives terrorism,…