Law Enforcement
720 Articles
Law Enforcement Online: Innovative Doesn’t Mean Illegal
Even the Wild West needed a sheriff. And today’s law enforcement agents, to be effective, need more than a Colt .45 and a gold star. Criminal actors have an increasing ability…
Security and the Internet of Things
On Tuesday, the Obama administration announced a program to better secure the “Internet of Things” and also highlighted the opportunities networked devices provide for the…
Surveillance Is Still About Power
Since the Snowden revelations in 2013, surveillance has gone from a somewhat arcane term of art used mainly by scholars, spies, and tinfoil hat types, to a household word that…
A New UK-US Data Sharing Agreement: A Tremendous Opportunity, If Done Right
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…
The High Standard of Proof in the Encryption Debate
Since the November 13 terrorist attacks in Paris set off another around of debate about exceptional access, a lot of ink has been spilled on the subject of whether or not there…
Moving Beyond the “Going Dark” Frame
For more than a year now, this site has posted dozens of articles critiquing the US government’s claims that it needs a method of accessing encrypted digital communications…
National Security Letters and Leak Investigations
Journalists were reminded again last week of how little legal protection actually exists when the federal government decides to investigate national security leaks. In an ongoing…
James Comey’s Default-Encryption Bogeyman
FBI Director James Comey recently told the Senate Judiciary Committee that encryption routinely poses a problem for law enforcement. He stated that encryption has “moved from…
Settlement of NYPD Muslim Surveillance Lawsuits: A Platform for Better Oversight
Last week, the City of New York agreed to settle two federal lawsuits challenging the NYPD’s surveillance of American Muslims, promising to reform the rules that govern how the…
Content Is Content, No Matter How Small
Recently, Orin Kerr and I had a brief conversation on Twitter regarding the Fourth Amendment and the content/non-content distinction. Specifically, Orin asked those of us who subscribe…
A Few Keystrokes Could Solve the Crime. Would You Press Enter?
Image credit: Wikimedia Commons Suppose a laptop were found at the apartment of one of the perpetrators of last year’s Paris attacks. It’s searched by the authorities pursuant…
ISIS in the United States: Which Legal Regime Applies?
Consider the following hypothetical: It is 10:00pm in Times Square, New York City. The “city that never sleeps” is bustling with tourists, Broadway shows, street performers,…