Congress
Just Security’s expert authors offer analysis of U.S. Congress’ role in national security, foreign affairs, the rule of law, and rights. Coverage includes analysis and informational resources related to the legislative process, oversight and investigations of the executive branch, and major debates on the separation of powers and Congress’ constitutional role.
2,468 Articles
Microsoft (Ireland) and the Federal Rules of Criminal Procedure
Microsoft (Ireland) raises a difficult policy question about when and how U.S. law enforcement may access cross-border data. Unfortunately, the Supreme Court is seemingly set to…
“Extraterritorial” Is Not a Bad Word, Even on the Internet
In the world of Internet policy, it is a slur to call something an assertion of extraterritorial jurisdiction. Coverage of, for example, Canada’s recent ruling against Google…
United States v. Microsoft: Why the Government Should Win the Statutory Interpretation Argument
In United States v. Microsoft, the U.S. Supreme Court will determine the geographic scope of Section 2703 of the Stored Communications Act (SCA), which allows the government to…
Impunity for U.S.-Funded Warlords in Afghanistan
The U.S. is unable or unwilling to stop funding units in Afghanistan that engage in serious human rights violations, according to a new SIGAR report. Lt. Gen. Abdul Raziq, the…
Microsoft Ireland: Extraterritoriality Step Zero
United States v. Microsoft is a fascinating case because it appears at the cross-roads of so many different areas of the law—the Fourth Amendment, criminal law, data privacy,…
The Parties in U.S. v. Microsoft Are Misinterpreting the Stored Communications Act’s Warrant Authority
United States v. Microsoft comes to the court in stark terms. The case involves a search warrant demanding that Microsoft turn over stored emails from a server in Ireland. That…
Introducing Just Security’s Symposium on United States v. Microsoft
Just Security is pleased to announce the launch of an online symposium on United States v. Microsoft, which will be argued at the U.S. Supreme Court on February 27. The question…
Episode 59 of the National Security Law Podcast: Share the Cookies
We don’t lack for topics this week! In today’s episode, Professor Chesney and I eat a number of cookies while talking about the following: Rachel Brand steps down at DOJ. …
Left Out of the Party on Cloud Nine: A Response to Jennifer Daskal
A new bill meant to address cross-border access to data is not a cause for celebration. It fails to include fundamental safeguards to protect consumer's rights. The CLOUD Act would…
It is up to House Intel Committee, not Trump, whether to release Democratic memo on the Page FISA application
News stories and headlines are saying things like, "Trump Blocks Release of Memo Rebutting Republican Claims” (New York Times)--but that's not accurate. The House Intelligence…
Surveillance Law Backers’ ‘Willie Horton’ Tactics
In the aftermath of the renewal of a major U.S. surveillance law last month, anyone concerned about civil rights should be taking stock of both the government’s extensive surveillance…
The White House Latest Move to Undermine Congressional Authority
Lost in the back-and-forth over the Nunes memo, is a new effort to weaken Congressional oversight and misdirect Congress.