ACLU
44 Articles
Orin Kerr’s Unconvincing Defense of Yesterday’s Second Circuit (Non-)Ruling
Over at the Volokh Conspiracy, my friend Orin Kerr has a thoughtful post up about yesterday’s Second Circuit decision in ACLU v. Clapper, which refused to enjoin the…
Section 215 and “Fruitless” (?!?) Constitutional Adjudication
This morning, the Second Circuit issued a follow-on ruling to its May decision in ACLU v. Clapper (which had held that the NSA’s bulk telephone records program was unlawful…
Drone Disclosures, Official and Not
As readers of this blog already know, last week The Intercept published a series of fascinating stories about the US drone campaign. The stories, and the official documents that…
CIA and OLC Must Release More “Secret” Documents on Aulaqi Drone Strike
On Thursday, a federal district court in New York issued its latest ruling in the ACLU’s long-running Freedom of Information Act (FOIA) litigation seeking the legal and factual…
ACLU v. Clapper Will End the Telephone Dragnet
Last week’s dramatic Second Circuit decision in ACLU v. Clapper, invalidated the alleged legal basis for the NSA domestic phone call dragnet, Section 215 of the USA Patriot Act,…
What ACLU v. Clapper Means
Many others have already weighed in about the significance of last week’s ruling in ACLU v. Clapper. Here are my own quick thoughts. As regular readers of this blog already know,…
How the Second Circuit’s Decision in Clapper Informs the Section 215 Discussion
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
The Substance of the Second Circuit on 215: Four Key Takeaways
[Cross-posted at ACSblog] Yesterday the Second Circuit declared the NSA’s bulk telephone metadata program unlawful. Specifically, it ruled that it was unauthorized by section…
[UPDATED with details and analysis] BREAKING: Second Circuit rules that Section 215 does not authorize telephony bulk collection program
[UPDATED] The opinion is here. Judge Sack’s concurring opinion is here. Because the court rules on statutory grounds, it does not reach the Fourth Amendment questions.…
The Erosion of a Secret
Drone Timeline (Click to Enlarge) In connection with an ACLU Freedom of Information Act lawsuit pending before the U.S. District Court for the District of Columbia, the CIA has…
NYPD Uses Discovery Tactics to Deter Civil Rights Claims
The discovery stage of national security litigation rarely attracts much interest, at least where it does not involve an invocation of “state secrets” by the federal government.…
Searchable Database of NSA Documents
Some Just Security readers will be interested to know that the ACLU has just launched a text-searchable database of NSA documents released since June of 2013. The database is here.