Law Enforcement
720 Articles

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…

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…

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.

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…

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,

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…

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.

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…

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.

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.

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…
“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…