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Judicial Enforcement of a Senate Subpoena of Backpage.com

Last week, the DC Circuit temporarily stayed an order enforcing a US Senate subpoena for records from the classified advertising site, Backpage.com, which has come under scrutiny…
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We Shouldn’t Wait Another Fifteen Years for a Conversation About Government Hacking

With high-profile hacks in the headlines and government officials trying to reopen a long-settled debate about encryption, information security has become a mainstream issue. But…
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Cybersecurity, Elections, and Critical Infrastructure at Home and Abroad

In the last few days, Secretary of Homeland Security Jeh Johnson and Homeland Security Advisor Lisa Monaco have both suggested that in the wake of the DNC hack, the United States…
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Guest Post: US Dollars and Kenya’s ‘Disappeared’

Just over a year ago, in May , 2015, Kenyan Border Patrol police arrested Hussein Ali Abdullahi from his shop in Wajir, northeastern Kenya, and took him to Wajir military camp.…
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Donald Trump’s Wall, David Rieff’s Long War, and the Dangers of Fear-Mongering

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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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