Civil Liberties
1,368 Articles
Guest Post: US Intelligence Reforms Still Allow Plenty of Suspicionless Spying on Americans
Last week, the Obama Administration released a report and documents cataloging progress toward signals intelligence (SIGINT) reform goals set a year ago by the President in a document…
Letter to President Obama on 2001 AUMF Sunset
Earlier today, a group of legal experts–including Rosa Brooks, Sarah Cleveland, Jen Daskal, Walter Dellinger, Ryan Goodman, Rebecca Ingber, Harold Koh, and I–sent a letter…
Surveillance and the Vanishing Right to Know
Editor’s Note: This post offers a preview of the authors’ upcoming article in the Santa Clara Law Review: The Notice Paradox: Secret Surveillance, Criminal Defendants…
The D.C. Circuit, Samoan Citizenship, and the Insular Cases
Much has already been written about next Tuesday’s D.C. Circuit argument in In re al-Nashiri, an important case arising out of the Guantánamo military commissions. The…
The Newest Reforms on SIGINT Collection Still Leave Loopholes
Director of National Intelligence James Clapper this morning released a report detailing new rules aimed at reforming the way signals intelligence is collected and stored by certain…
Military Commissions and Unintended Constitutional Consequences
Over at Lawfare, I have a post up this morning providing a preview of next Tuesday’s oral argument in the D.C. Circuit in In re al-Nashiri–a mandamus action challenging…
Homeland Insecurity: Checkpoints, Warrantless Searches and Security Theater
Since June 2013, the American public, press, and policy-makers have been debating the implications of Edward Snowden’s disclosures of mass U.S. government surveillance programs,…
Five Important Questions About DEA’s Vehicle Surveillance Program
With each week, we seem to learn about a new government location tracking program. This time, it’s the expanded use of license plate readers. According to the Wall Street Journal, relying…
You Should Care About Mutual Legal Assistance More Than You Do
About a year ago, I wrote here that the mutual legal assistance (MLA) regime – the legal system that regulates government-to-government requests for evidence in criminal investigations,…
OHCHR Call for Comments on Encryption and Anonymity Online
David Kaye, the UN Special Rapporteur on protection and promotion of the right to freedom of opinion and expression, has issued a call for submission of information related to…
What it Really Means to “Close Guantánamo”
[Editors’ Note: 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…
The Latest Rules on How Long NSA Can Keep Americans’ Encrypted Data Look Too Familiar
Does the National Security Agency (NSA) have the authority to collect and keep all encrypted Internet traffic for as long as is necessary to decrypt that traffic? That was a question…