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Just Security

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…
Just Security

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…
Just Security

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…
Just Security

The 702 Reform Debate Is Just Heating Up

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

Are US Courts Going Dark?

Now that the cell phones in San Bernardino and Brooklyn have been unlocked (no thanks to Apple), FBI warnings about “going dark” in the face of advancing digital encryption…
Just Security

Feinstein-Burr: The Bill That Bans Your Browser

Last week, I criticized the confused rhetorical framework that the Feinstein-Burr encryption backdoor proposal tries to impose on the ongoing Crypto Wars 2.0 debate. In this…
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The FBI’s Warrantless Surveillance Back Door Just Opened a Little Wider

On Tuesday, the Office of the Director of National Intelligence (ODNI) released a redacted version of an opinion by Judge Thomas F. Hogan of the Foreign Intelligence Surveillance…
Just Security

Here’s What the Burr-Feinstein Anti-Crypto Bill Gets Wrong

The latest Crypto War is being fought on multiple fronts: behind closed doors, in the courts, and now in Congress. On April 13, Sens. Richard Burr (R-NC) and Dianne Feinstein (D-Calif.),…
Just Security

A New Lawsuit from Microsoft: No More Gag Orders!

Microsoft is once again making headlines via litigation over government’s use of the Stored Communications Act. For the past two years, it was Microsoft’s lawsuit challenging…
Just Security

The Human Rights Risks of Countering Violent Extremism Programs

With national and international institutions scrambling to adopt Countering Violent Extremism (CVE) programs, the UN Special Rapporteur for counterterrorism and human rights, Ben…
Just Security

ODNI Response on Increased Intelligence Sharing Still Leaves Questions and Concerns

In late February, The New York Times reported that the administration was preparing to expand sharing of the mass signals intelligence collected by NSA pursuant to Executive Order…
Just Security

Bye-Bye Birdie: reddit’s Warrant Canary Disappears

Sometimes, saying nothing says quite a lot. At the end of January 2015, the online bulletin board reddit issued a “transparency report” that informed its users, and the broader…
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