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Just Security

Lifting the Gag Order on One NSL is Good, But It’s Just a Start

Earlier this week, the public got a look at that rare occurrence in a national security case: a court lifting a gag on the recipient of a surveillance request. On August 28, Judge…
Just Security

ECPA Reform: A Primer

Last week, the Second Circuit heard oral argument in the Microsoft Ireland case (transcript). The dispute raises a number of pressing questions about the Electronic Communications…
Just Security

DOJ’s New Stingray Policy is a Good Start, But It’s Got Problems

Last Thursday afternoon, just as we were all heading out for the Labor Day weekend, the Justice Department released new policy guidance on the use of cell-site simulator technology.…
Just Security

The Microsoft Warrant Case: Response #2 to Orin Kerr

Over at the Volokh Conspiracy, Orin Kerr responds, point by point, to my disagreement with his take on the Microsoft warrant case. I thank Kerr for continuing the conversation,…
Just Security

The Microsoft Warrant Case: A Response to Orin Kerr

With less than a week before the Second Circuit considers the dispute between Microsoft and the government over emails stored in Ireland (an issue I have blogged about here, here,…
Just Security

The Difficulty With Metaphors and the Fourth Amendment

The Fourth Amendment to the US Constitution seems straightforward on its face: At its core, it tells us that our “persons, houses, papers, and effects” are to be protected…
Just Security

Armed Drones and the Influence of Big Business on Police Surveillance Technology

On Wednesday, the Daily Beast reported that the North Dakota state legislature recently passed a bill allowing law enforcement drones to carry less-than-lethal weapons. In theory,…
Just Security

A Legislative Fix to Inspectors’ General Difficulties Accessing Information?

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…
Just Security

Warrantless Phone Tracking: The Fourth Amendment and Circuit Splits

Last week, a divided three-judge panel of the Fourth Circuit ruled in United States v. Graham that the government must obtain a warrant to obtain from a phone user’s historical…
Just Security

Is al-Qaeda v Islamic State the Right Question?

Which terrorist group is a bigger threat to the United States, al-Qaeda or the Islamic State (IS)? It almost sounds like the sort of question you’d put to a child comparing movie…
Just Security

The Role of Judges Under UK Surveillance Laws May be About to Change

For centuries, the authorization of surveillance powers under UK law has – for the most part – been in the hands of the executive rather than judges. All that may be about…
Just Security

The Reasons Why Dylann Roof Wasn’t Charged With Terrorism

Last week, Dylann Roof was charged with 33 criminal acts, including hate crimes and firearm violations, for his killing spree at a historic African American church in Charleston,…
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