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OLC Memos and FOIA: Why the (b)(5) Exemption Matters

The headline of yesterday’s D.C. Circuit decision in Electronic Frontier Foundation v. Department of Justice, in which the Court of Appeals rejected a FOIA request for a…
Just Security

Recap: A Guide to Recent Posts on Just Security (Dec. 21-Jan 3)

I. Surveillance and Data Collection Thomas Earnest, FISC Approves Application to Renew Telephony Metadata Program (Friday, Jan 3) Thomas Earnest, Reactions to the New York…
Just Security

FISC Approves Application to Renew Telephony Metadata Program [UPDATED]

Today, the Office of the Director of National Intelligence declassified and announced that the FISC has approved the government’s application to renew the telephony metadata…
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News Roundup and Notes: January 3, 2014

Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad. Here’s today’s news. NSA ICYMI, yesterday, the…
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Reactions to the New York Times and The Guardian Editorial Boards’ Call for Clemency for Snowden

As Ruchi covered this morning in the news roundup, today the editorial boards of the New York Times and The Guardian called on the Obama Administration to offer Edward Snowden…
Just Security

News Roundup and Notes: January 2, 2014

Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad. Here’s today’s news. NSA surveillance Apple has…
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Prediction: Fourth Amendment Evolves in 2014

When should courts follow legal precedent and when should the law change?  This is a debate that underlies this month’s contrary decisions about the constitutionality of government…
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The “Front-Page Rule”

In my earlier post on the Report of the President’s Review Group on Intelligence and Communications Technologies (PRGICT), I highlighted a recurrent theme of the Report–the…
Just Security

News Roundup and Notes: December 30, 2013

The News Roundup and Notes will be back on January 2, 2014. From the entire Just Security Team, we wish you a very happy new year. Here’s today’s news.  Surveillance Der…
Just Security

Recap of the Week’s Posts on Just Security (Dec 21-27)

I. Content Happy Holidays from Just Security (Tuesday, Dec. 24) II. Surveillance and Data Collection Ryan Goodman, Mini Forum on President’s Review Group on Intelligence and…
Just Security

Very Summary Account of Judge Pauley’s Opinion on the 215 Telephony Metadata Program

I’ll defer to others for substantive analysis of Judge Pauley’s opinion.  To facilitate discussion, however, here is a very abbreviated roadmap of his holdings, based…
Just Security

Judge Pauley (SDNY) Rules NSA Bulk Telephony Metadata Program is Constitutional

Earlier this month, Judge Leon (D.D.C.)  issued a ruling enjoining the NSA metadata program under Section 215 (and then staying his decision pending appeal), noting that the…
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