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United States v. Davis – Wrestling With the Third Party Doctrine

In the excitement over the Second Circuit’s ruling on the NSA’s bulk collection program, another very significant appellate decision that was issued last week has been largely…
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USA Freedom Act: An Updated Readers’ Guide on Section 215

For the last several weeks, Congress has been discuss reforms to Section 215 of the Patriot Act, a provision that has been used to justify the collection of vast quantities…
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The DEA’s Bulk Collection Program

Defenders of the NSA’s notorious bulk telephony program have stressed since it was first disclosed that the massive database of calling information can only be used for national…
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Talking About Section 215: A Readers’ Guide

Media coverage of John Oliver’s critique about the lack of discussion surrounding government surveillance programs seems to prove his point. Much, if not most, of the attention…
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Is Flawed Terrorism Research Driving Flawed Counterterrorism Policies?

More than thirteen years after the U.S. intelligence community named the prevention of terrorism its number one goal, it seems to have little understanding of what drives terrorism,…
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A Proper Response to the Massacre at Kenya’s Garissa University College

The magnitude of last week’s massacre at Garissa University College in Kenya, located roughly 100 miles from the Somalia border, is shocking. In the course of the day, the death…
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The Provision of Means: Dual Use Goods & Corporate Liability

This is Part III of a series on the Doe v. Cisco case pending in the Northern District of California and involving claims that Cisco should be liable for aiding and abetting the…
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The Right Way to Share Information and Improve Cybersecurity

This year is turning out to be a banner one for flawed proposals that would allow businesses to share information about Americans’ online activity with the Department of Homeland…
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Doe v. Cisco: The Legal Issues

Part 1 of this post introduced a set of cases against Cisco Systems, which has been sued for being complicit in the design and implementation of China’s Golden Shield surveillance…
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Salvadoran General Deemed Deportable In the Absence of Criminal Charges

UPDATE: Former Defense Minister of El Salvador, Vides Casanova, has been detained pending extradition. The Board of Immigration Appeals (BIA) ruled last week that General Carlos…
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Deep Dive: The White House’s New Memo on Drones and Privacy

Last month, President Obama released a presidential memorandum on the domestic use of drones by federal agencies. The memorandum addresses the implications for privacy, civil rights,…
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US Government Makes Slight Concession in Twitter’s Warrant-Canary Suit

The US government last week conceded for the first time that some companies have the right to publish so called “warrant canaries” in a new filing supporting its partial motion…
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