Law Enforcement
715 Articles
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…
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…
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,…
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…
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…
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…
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…
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…
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…
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…
Transcript: FBI Director Says Authors of Encryption Letter Are Uninformed or Not Fair-Minded
Earlier today, FBI Director James Comey implied that a broad coalition of technology companies, trade associations, civil society groups, and security experts were either uninformed…
Tightening the National Security Ratchet
A ratchet is a device that employs mechanical impediments to allow movement in only one direction. As such, it is a useful metaphor for national security policy, where restrictive…