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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,…
Just Security

Jen Daskal’s The Un-Territoriality of Data is Honored

Yesterday, I had the pleasure of attending a luncheon honoring winners for best of the 2014-2015 Call for Papers by the Southeastern Association of Law Schools (SEALS) at its annual…
Just Security

UK Supreme Court Upholds Lawfulness of Questioning in Airports

In January 2011, Mrs. Sylvie Beghal and her three children were returning from a trip to Paris, where they had been visiting her husband, a French national in custody “in relation…
Just Security

The Government’s Wiretap Orders Still Don’t Add Up

Last week, I pointed out that the Administrative Office (AO) of the US Courts’ 2014 Wiretap Report numbers didn’t add up to the total number of wiretaps that AT&T, Verizon,…
Just Security

The FBI’s Problem Isn’t “Going Dark.” Its Problem is Going Slowly

It should be clear to even casual observers today that the “golden age of surveillance” thesis is fundamentally correct. We live in a time when far more data and surveillance…
Just Security

Describing Violence: The Charleston Shootings and the Label of Terrorism

Soon after the Charleston church shooting, FBI Director James Comey argued that Dylann Roof’s actions probably weren’t terrorism, eliciting criticism that law enforcement employs…
Just Security

It’s Time to End the “Debate” on Encryption Backdoors

Yesterday, on Lawfare, FBI Director James Comey laid out his concern that the growing adoption of strong encryption technologies will frustrate law enforcement’s ability to conduct…
Just Security

Wiretap Numbers Don’t Add Up

Last week, the Administrative Office (AO) of the US Courts published the 2014 Wiretap Report, an annual report to Congress concerning intercepted wire, oral, or electronic communications…
Just Security

Video and Highlights From a Conversation on Countering Violent Extremism

Just Security and the Project for the Study of the 21st Century (PS21) recently hosted an extremely interesting discussion between ex senior UN counter terrorism official Richard…
Just Security

UN’s David Kaye on Encryption, Anonymity, and Human Rights

In his first report as UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, David Kaye fired a shot across the bow of governments…
Just Security

DOJ Guidance on Cybersecurity Carrots and Sticks

In a speech yesterday to the annual Cybersecurity Law Institute, Assistant Attorney General Leslie Caldwell showed how far the Department of Justice has come in its dealings with…
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