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Just Security

Live Feed of HPSCI Hearing on Potential Changes to FISA [Update: hearing now complete]

[Update (5:15 pm): The HPSCI Hearing on Potential Changes to FISA is now complete.  Recorded video of the hearing testimony is provided below in two parts, due to the length of…
Just Security

A Federal Shield Law is Needed to Protect Confidential Sources and the Public’s Right to Know: A Reply to David Pozen

[The post below is part of an exchange between Dave Pozen and Sophia Cope on media shield laws and the recently proposed Free Flow of Information Act.  Don’t miss Dave’s…
Just Security

Why a Media Shield Law May Be a Sieve

[The post below is part of an exchange between Dave Pozen and Sophia Cope on media shield laws and the recently proposed Free Flow of Information Act.  Don’t miss Sophia’s…
Just Security

We All Go Down Together: NSA Programs Overseas Violate Americans’ Privacy, Yet Escape FISC, Congressional Oversight

Ongoing revelations show that significant NSA surveillance activities take place outside of either Foreign Intelligence Surveillance Court (FISC) or congressional oversight, even…
Just Security

Syria and the Law of Humanitarian Intervention (Part III – A Reply)

My recent two-part essay on Syria, posted on this blog, made both a policy claim and a legal claim. My policy claim was that despite undeniable political miscues, President Obama’s…
Just Security

New NSA Reform Proposal from Sen. Leahy and Rep. Sensenbrenner

While the continued government shutdown has sidelined an estimated 800,000 federal employees and resulted in the cancellation of President Obama’s trip to Asia this weekend,…
Just Security

Significant Fast & Furious Opinion in Oversight Committee v. Holder

On Monday, a federal district court refused to dismiss the congressional civil contempt action in Committee on Oversight and Government Reform v. Holder (“Holder”). This opinion…
Just Security

Syria and the Law of Humanitarian Intervention (Part II: International Law and the Way Forward)

My first post for Just Security explained why, despite some bungled politics, President Obama’s proposed military action in Syria could have been lawful under U.S. domestic law.…
Just Security

Intelligence Oversight and Surveillance Act — Language Now Available

Yesterday, I wrote about the proposed Intelligence Oversight and Surveillance Reform Act.  The language of the proposed bill is not yet available on the Library of Congress’…
Just Security

Reforming FISA: A Critical Look at the Wyden/Udall Proposal and Foreign Surveillance

A new bipartisan bill co-sponsored by two of the most vocal critics of the NSA does not go far enough to protect the average non-U.S. person from indiscriminate surveillance. …
Just Security

The Coming Political Realignment?

For a summer full of remarkable moments in U.S. national security law and policy, one of the most unusual came on July 24, when an amendment to effectively de-fund the NSA’s…
Just Security

Syria and the Law of Humanitarian Intervention (Part I: Political Miscues and U.S. Law)

Crises are lived forward but understood backwards.  While it is still too early to know how the Syria crisis of 2013 will end, we can start evaluating what precedents of law and…
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