Recent Articles
Dahlia Lithwick and Me on Why Metadata Matters
I suspect we’ll have a lot more to say about today’s oral argument in New York in the ACLU’s challenge to the government’s “telephony metadata”…
HPSCI Rejects Drone Reporting Requirements in Intel Authorization Act
As Sarah Knuckey covered earlier this month in a post here on Just Security, the Senate Intelligence Committee included in the 2014 intelligence authorization bill requirements…
News Roundup and Notes: November 22, 2013
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. Afghanistan Afghan President…
New FISC Pen Register Opinion: It’s Just a Matter of Time Before Somebody Gets Hurt
Once again, the NSA has conducted illegal spying. New documents reveal the National Security Agency’s (NSA) systemic violation of Foreign Intelligence Surveillance Court (FISC)…
The D.C. Circuit and Guantánamo, Post-Filibuster Edition
I’ve written a lot (too much!) before about both the D.C. Circuit’s jurisprudence in post-Boumediene Guantánamo cases and the Supreme Court’s passivity in…
The New US “Red Line” – No Privacy Rights For Foreigners
Colum Lynch has a fascinating blog at Foreign Policy based on a leaked memo reflecting the United States’ latest “redline”: that no privacy rights be recognized for foreigners…
News Roundup and Notes: November 21, 2013
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. Drones A U.S. drone strike…
Letter to the Editor: Status of the ICRC Commentaries
In articles posted on successive days, Professor Goodman & Ms Knuckey write ‘one news report incorrectly discounts the importance of the ICRC Commentaries on this provision,…
Equating Terrorism and Bubonic Plague: Bad for Counterterrorism, Bad for the Constitution
If I were Al Qaeda’s director of propaganda and managed to infiltrate an agent into the American judiciary, I’d want him to exaggerate the terrorist threat and then leverage…
News Roundup and Notes: November 20, 2013
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. Guantanamo Bay ICYMI, yesterday,…
Expert Opinion on Iran’s “Right” to Enrich Uranium in the Face of Security Council Resolutions
It is early morning in Geneva and dawn of the latest round of negotiations to decide the fate of Iran’s nuclear program. As I wrote yesterday, Iran’s claim to a “right”…
Heartening News from the Senate — Sections 1031-1033 of the SASC NDAA Survive
The Senate has rejected the Ayotte Amendment by a 55-43 vote. Senators Donnelly, Hagan and Pryor were the only Democrats in favor; Senators Flake, McCain and Paul were the Republicans…