Democracy & Rule of Law
Rule of Law
938 Articles
State Department Concludes Review of NGO Drone Strike Reports, Offers Public Response (Sort of)
The U.S. Department of State told reporters late last week that it had concluded its review of the Amnesty International and HRW targeted killing and drone strike reports. The…
Anonymous US Officials Admit CIA Accidentally Killed a Yemeni Child in a Drone Strike
Buried in a Los Angeles Times article yesterday was this remarkable government admission: In June, a drone-launched missile hit an SUV carrying an Al Qaeda commander in Yemen.…
Drone Reporting Requirement in the Intelligence Authorization Act and Congress’ Ability to Compel Public Disclosure
Last week, the Senate Intelligence Committee voted 13-2 to approve the 2014 Intelligence Authorization Act. Included in this appropriations bill is a new measure that would require…
Should ICRC Reports on Detainee Visits be Turned Over to Military Commission Defense Counsel?
On November 6, Military Commission Judge James Pohl ordered the prosecution to hand over to him all ICRC confidential reports on its visits to Guantanamo that are in the possession…
My New Paper on Standing and Secret Surveillance
Our good friend (and separation-of-powers maven) Peter Shane from (the) Ohio State University’s Moritz College of Law is hosting a “virtual” symposium on NSA…
Newsweek’s Wayward Cover Story on Snowden and Chinese Cyber Hacking
Newsweek’s current cover story, “How Edward Snowden Escalated Cyber War with China” by Kurt Eichenwald, is an important read. Eichenwald makes two claims: Snowden’s impact:…
Hands Off Encryption! Say New Amici Briefs in Lavabit Case
The Fourth Circuit Court of Appeals is in the process of deciding the first legal challenge to government seizure of the master encryption keys that secure our communications with…
We All Go Down Together: NSA Programs Overseas Violate Americans’ Privacy, Yet Escape FISC, Congressional Oversight
Ongoing revelations show that significant NSA surveillance activities take place outside of either Foreign Intelligence Surveillance Court (FISC) or congressional oversight, even…
The President’s May 23d NDU Speech in Action: The Broader Significance of the al-Liby and Ikrima Operations [UPDATED Oct. 15]
If reported accounts thus far are accurate, the al-Liby and Ikrima capture operations last weekend are important illustrations of several things that the President and his top…
Government Shutdown Postpones Declassification Review of FISC Opinion
Today, the FISC granted the government’s motion to delay a declassification review of prior FISC opinions regarding the legality of Section 215 of the Patriot Act. Contrary…
Selective Disclosure About Targeted Killing
For several years, the ACLU has been pressing the Obama administration to be more transparent about the targeted-killing program. I’m starting to wonder whether it understands…
Transparency on Targeted Killings: Promises Made, but Little Progress
Since President Barack Obama’s May 2013 counter-terrorism speech, attention to and criticism of US targeted killings practice and policy has notably dropped off inside the US. …