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Cloud City: A Fourth Amendment Thought Experiment

Reading the Privacy & Civil Liberties Oversight Board’s rather tepid report on NSA surveillance under §702 of the FISA Amendments Act last night, I found myself thinking…
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A Response to General Dunlap

First a caveat—I have worked with many honorable national security law experts who do exceptional scholarship and whose perspective I find extremely valuable, just as I have…
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NYC Bar Association Releases Report on Legality of Drones

Last month (and somewhat unnoticed — at least by many of us here), the International Law Committee of the NYC Bar Association released a report evaluating the legality of…
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Does the Intelligence Community Fear Lawyers…or Legal Scrutiny?

[Editor’s Note: See Marshall Erwin’s response to General Dunlap here.] In a provocatively entitled essay, Are National Security Lawyers a National Security Threat?…
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Privacy and Civil Liberties Oversight Board Releases Report on Section 702 Surveillance (Full Text)

On Tuesday evening, the Privacy and Civil Liberties Oversight Board (PCLOB)—an independent body within the Executive Branch—released a major report concerning the National…
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News Roundup and Notes: July 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. Surveillance, privacy, &…
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Good Afternoon Reads

Here’s a few recommended reads to get you through your afternoon (if the USA v. Belgium soccer match isn’t already capturing your attention): Last week on Real Clear…
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New Book We’ve Read: No Place to Hide by Glenn Greenwald

We are happy to announce a new addition to the Books We’ve Read feature of Just Security: No Place to Hide: Edward Snowden, the NSA, and the U.S. Surveillance State (2014)…
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Riley v. California — An Important Step Forward, but How Far Forward?

The joined cases of Riley v. California and United States v. Wurie rightly have been hailed as a ringing endorsement of privacy in the digital age.  By holding that police may…
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News Roundup and Notes: July 1, 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. Iraq and Syria After considerable…
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Fifth Circuit on Extraterritorial Application of Fourth and Fifth Amendments

On the heels of this morning’s Fourth Circuit decision in the Abu Ghraib case comes another significant circuit-level decision–this one from the Fifth Circuit. The…
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A Rejoinder to Jeff Kahn on Latif and Fundamental Rights

In Jeff Kahn’s response today to my post last week about American citizens’ right not to be stranded abroad by their government, Jeff asks more about my views: “Is international…
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