Law Enforcement
773 Articles
Is Throwing a Rock Through a Window “Terrorism”? Some Federal Prosecutors Think So
Image by Tomas Castelazo— Wikimedia Did you know that throwing a rock through the window of a Whole Foods could be punished as a federal crime of terrorism? An Assistant United…
New UN Report Highlights Freedom of Expression Violations Across the Globe
UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, David Kaye, yesterday issued his fourth report, a comprehensive survey…
The Dangerous Implications of the Microsoft Ireland Case
Yesterday evening, the government filed its petition for rehearing or rehearing en banc in the Microsoft Ireland case. Throughout the brief, the government warns of both the…
Letter to the Editor: Suggestions for Just Security’s Questions to the Presidential Candidates
I like the idea of Just Security‘s listing questions for the presidential nominees. As you ran them again before last night’s debate, and presumably may run them at…
A Broken Playbook: The NYPD Targeted Muslims in Over 95-Percent of Investigations That Broke Surveillance Rules
The NYPD’s Intelligence Bureau consistently broke court-imposed rules governing investigations involving political activity, according to a recent report by the NYPD Inspector…
Unprecedented and Unlawful: The NSA’s “Upstream” Surveillance
The FISA Amendments Act of 2008 (FAA) — the statute the government uses to engage in warrantless surveillance of Americans’ international communications — is scheduled to…
A Response to “The Tech”: Continuing the Vulnerability Equities Process Debate
In my recent Just Security piece, I argued that Aitel and Tait’s suggestions in Lawfare to focus the Vulnerability Equities Process (VEP) more narrowly on strategic intelligence…
Supreme Court Grants Temporary Stay in Backpage Senate Subpoena Litigation
I recently wrote about the Senate civil enforcement action seeking to enforce a subpoena of Backpage.com records issued by the Permanent Subcommittee on Investigations (PSI). Backpage…
The Vulnerability Equities Process Should Consider More than Intelligence Community Needs
Dave Aitel and Matt Tait’s recent post in Lawfare argued that the U.S. government’s procedure for deciding whether to withhold unknown or little-known vulnerabilities in…
Foreign Governments, Tech Companies, and Your Data: A Response to Jennifer Daskal and Andrew Woods
In a thoughtful August 1 piece in Just Security and Lawfare, law professors Andrew Woods and Jennifer Daskal urged Congress to embrace a legislative proposal by the US Justice…
A 9/11 Commission Approach to the Russian Hack of the DNC
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…
A Problematic Pseudo-Category of Surveillance Information and Promising Post-Collection Policy
This week, the Office of the Director of National Intelligence declassified a Foreign Intelligence Surveillance Court of Review (FISCR) opinion that has important broad implications…