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720 Articles
Puzzle Pieces with the American and United Kingdom flags and wires

Correcting the Record: Wiretaps, the CLOUD Act, and the US-UK Agreement

Over at Stanford CIS blog, Albert Gidari takes aim at the wiretap-related provisions in the US-UK CLOUD Act Agreement – which Peter Swire and I wrote about separately here. He…
FBI Building in Miami, Florida.

The FISA Court’s Section 702 Opinions, Part II: Improper Queries and Echoes of “Bulk Collection”

Part II discusses the the FBI’s improper queries of Section 702 communications—as well as the FISA Court’s unsatisfactory solution for bringing the FBI into compliance with…
American flags fly over the Federal Bureau of Investigation (FBI) building on July 18, 2001 in Washington, D. C.

The FISA Court’s 702 Opinions, Part I: A History of Non-Compliance Repeats Itself

This is now the fourth major FISA Court opinion on Section 702 in 10 years documenting substantial non-compliance with the rules meant to protect Americans’ privacy.
American and British flag pair under a magnifier.

The UK-US CLOUD Act Agreement Is Finally Here, Containing New Safeguards

Editor’s note: This piece is cross-posted at Lawfare.  On Oct. 7, the United Kingdom and the United States released the text of the long-awaited data-sharing agreement—the…
U.S. $100 bills

Congress Wakes Up, Finally Decides to Tackle Kleptocracy

A brief overview of some of the bills in question, including the most important piece of anti-kleptocracy legislation the U.S. has ever seen,
Gregory Craig, former White House counsel to U.S. President Barack Obama, arrives at federal court September 3, 2019 in Washington, DC.

Greg Craig: The Government’s Latest Swing at FARA Enforcement & What Comes Next

In an offshoot of the Paul Manafort case in Special Counsel Robert Mueller's investigation, former Obama White House counsel and veteran Washington lobbyist Greg Craig was acquitted…
Trump offers a hand shake to Ukrainian President Volodymyr Zelensky during a meeting in New York on September 25, 2019, on the sidelines of the United Nations General Assembly.

A New National Security Framework for Foreign Interference

Campaign-finance laws are inadequate to address today's foreign interference threat. Instead, a national security approach is needed.
A collection of FBI rubber stamps reading, “Secret,” “Top secret material attached,” “Confidential material attached,” “Training,” and more.

Constitution Day 2019: The Hidden Domestic Surveillance Crisis

As we mark the 232nd anniversary of the signing of America’s governing charter, we have ample evidence that it continues to be violated by the federal officials charged with…
An ICE agent with U.S. Homeland Security Investigations (HSI) and police lights in the background.

If National Security Was Driving Immigration Arrests, Employers Would be Charged Too

Since 2014, across the country, there have been no more than 200 prosecutions for alleged violations of 8 U.S.C. § 1324a, the law that makes hiring undocumented immigrants illegal.
FBI agents check vehicles outside the Cielo Vista Mall Wal-Mart where a shooter killed 23 people in El Paso, Texas, on August 4, 2019.

Leaked Documents Contain Major Revelations About the FBI’s Terrorism Classifications

New revelations about the FBI’s classification system for domestic terrorism investigations raise questions about its treatment of the white supremacist threat.
Former Federal Bureau of Investigation Director James Comey speaks to members of the media at the Rayburn House Office Building after testifying to the House Judiciary and Oversight and Government Reform committees on Capitol Hill December 07, 2018 in Washington, DC.

Nuts and Bolts of the IG Report on Comey: Correcting Misconceptions

On the morning of Aug. 29, I finished up my lecture notes for my first day teaching a class called “Law of Secrecy.” I would touch on classification, leaking, prepublication…
Just Security

“Domestic Terrorism” Bills Create More Problems Than They Solve

Lack of will and focus are the real impediments to investigating and prosecuting perpetrators. What's more, proposals to expand the definition of “terrorism” could harm activity…
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