Law Enforcement
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It’s Time to Come to Terms With Secret Law: Part II
On Wednesday, I summarized the findings of my recent study of alleged secret law in the three branches of the US government and my conclusion that secret law is a limited but important…
It’s Time to Come to Terms With Secret Law: Part I
Secret law. The words are chilling. They evoke Kafka, unaccountable government, liberty subordinated to state security – and to some ears, perhaps simply the paranoid rantings…
The Microsoft Ireland Case and the Future of Digital Privacy
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
Three Key Takeaways: The 2d Circuit Ruling in The Microsoft Warrant Case
As readers no doubt already know, the Second Circuit today issued a surprise ruling in the Microsoft Ireland warrant case — siding with Microsoft. The result: location of data…
Guest Post: What is FBI Director Comey Doing?
Amidst the furor following the FBI and Justice Department’s decision not to charge Hillary Clinton for the handling of her State Department emails, there has been much less attention…
Whose World Is This?: US and UK Government Hacking
On both sides of the Atlantic, we are witnessing the dramatic expansion of government hacking powers. In the United States, a proposed amendment to Rule 41 of the Federal Rules…
The Encryption Debate: All Quiet on the Western Front?
The US war on encryption has quieted down recently. The San Bernardino and Brooklyn court cases concerning encrypted iPhones both ended this spring not with a bang, but with a…
Seven Myths Busted: FBI Surveillance and the NSL Expansion Vote in the Senate
Yesterday, the Senate failed to pass a motion to end debate and move to a final vote on a highly controversial amendment related to Internet records, which New America’s Open…
The Early Edition: June 17 2016
Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad. Here’s today’s news. IRAQ, SYRIA, and THE ISLAMIC…
FBI Guidelines Weaken Separation of Community Outreach and Intelligence Gathering Efforts
Community outreach programs are a staple of modern law enforcement, designed to build trust, address local concerns, and communicate effectively with the public — at least in…
Beware of the Emergency Exception Loophole in the Email Privacy Act
The Email Privacy Act, which passed the House 419-0, is slated for consideration in the Senate Judiciary Committee hearing this week. The legislation updates the now 30-year old…
With Remote Hacking, the Government’s Particularity Problem Isn’t Going Away
Electronic surveillance succeeds because it is secret. When the government seeks to record “what is whispered in the closet,” in the words of Justice Brandeis, it must use…