Civil Liberties
1,372 Articles
On Rereading the Torture Report – SSCI Focus Gave Too Many Perpetrators a Pass
I have an opinion piece in today’s New York Times Sunday Review provocatively titled (by the NYT editors), “Did the Torture Report Give the CIA a Bum Rap?” Why now, and why…
Guest Post: CVE Efforts Should be Based on Facts, Not Flawed Theories
Ed. note: This guest post was produced as part of the Brennan Center for Justice’s interview series, Rethinking Intelligence. Yesterday, the White House kicked-off a three-day summit…
The Shrinking Military Commissions, Redux
Back in January, I wrote a post about the Convening Authority’s decision to “disapprove” the findings and sentence in the Guantánamo military commission trial…
Europe’s Newest Attempts at Anti-Terror Regulation Could Shake the Foundations of the EU
A British border force boat on patrol. Credit: Vicky Brock via Wikimedia Commons. In the aftermath of the Copenhagen shootings this weekend, the results of a summit of 28…
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…