Civil Liberties
169 Articles

Surveillance “Reform”: The Fourth Amendment’s Long, Slow, Goodbye
Over 16 years after the 9/11 attacks and the subsequent repeated passage or renewal of draconian “temporary” but “emergency” domestic surveillance laws in response, it’s…

The Investigatory Powers Act: The Official Entrenchment of Far-Reaching Surveillance Powers
What was formerly known as the Investigatory Powers Bill, referred to elsewhere as the “revised Snoopers’ Charter,” has received Royal Assent and, as of Nov. 29,…

Is Throwing a Rock Through a Window “Terrorism”? Some Federal Prosecutors Think So
Image by Tomas Castelazo— Wikimedia Did you know that throwing a rock through the window of a Whole Foods could be punished as a federal crime of terrorism? An Assistant United…

Donald Trump and the Ghosts of Joseph McCarthy
Following the mass shooting at Pulse nightclub in Orlando, presumptive Republican presidential nominee and celebrity businessman Donald Trump repeatedly implied that President…

Beware of the Emergency Exception Loophole in the Email Privacy Act
The Email Privacy Act, which passed the House 419-0, is slated for consideration in the Senate Judiciary Committee hearing this week. The legislation updates the now 30-year old…

The 702 Reform Debate Is Just Heating Up
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…

Michael Ratner: The Leading Progressive Lawyer of a Generation
I just heard that Michael Ratner passed away from complications due to cancer. His New York Times obituary is here. My heart is broken. Michael was an extraordinary lawyer and…

The Human Rights Risks of Countering Violent Extremism Programs
With national and international institutions scrambling to adopt Countering Violent Extremism (CVE) programs, the UN Special Rapporteur for counterterrorism and human rights, Ben…

ODNI Response on Increased Intelligence Sharing Still Leaves Questions and Concerns
In late February, The New York Times reported that the administration was preparing to expand sharing of the mass signals intelligence collected by NSA pursuant to Executive Order…

Surveillance Oversight Should Be President-Proof, But We’re Still a Long Way Off
Last week, at an event co-hosted by Just Security and NYU’s Brennan Center for Justice, the NSA’s Civil Liberties and Privacy Director Rebecca Richards dropped the ball. When…

Overseas Surveillance in an Interconnected World
Outside the pages of Just Security and a handful of other places, it’s hard to find much debate over the NSA’s overseas surveillance activities. The same lawmakers and pundits…

We Need to Know More About How the Government Censors Its Employees
In December, in a series of editorials published in The Washington Post and Just Security, Jack Goldsmith and Oona Hathaway made the case for reforming the government’s broken…