Constitution
690 Articles
Congress Should Place More Limits on Cellphone Location Tracking After Carpenter
This spring, the United States Supreme Court will issue a ruling in the landmark case of Carpenter v. United States, deciding whether the government requires a warrant to continuously…
Privacy and Civil Liberties under the CLOUD Act: A Response
[Cross-Posted at Lawfare] In a post last week, Neema Singh Guliani of the ACLU and Naureen Shah of Amnesty International disagreed with our earlier arguments as to “Why the CLOUD…
All Politics Is Local…and So Is National Security
The current public kerfuffle about White House security clearances has focused the country’s attention on the sensitivity of federal government information and the potential…
More Trouble for Undocumented Immigrants and the Suspension Clause
Back in August 2016, I wrote a lengthy post about the Third Circuit’s decision in Castro v. Department of Homeland Security, which held that recently-arrived undocumented…
Microsoft (Ireland) and the Federal Rules of Criminal Procedure
Microsoft (Ireland) raises a difficult policy question about when and how U.S. law enforcement may access cross-border data. Unfortunately, the Supreme Court is seemingly set to…
“Extraterritorial” Is Not a Bad Word, Even on the Internet
In the world of Internet policy, it is a slur to call something an assertion of extraterritorial jurisdiction. Coverage of, for example, Canada’s recent ruling against Google…
Left Out of the Party on Cloud Nine: A Response to Jennifer Daskal
A new bill meant to address cross-border access to data is not a cause for celebration. It fails to include fundamental safeguards to protect consumer's rights. The CLOUD Act would…
If Trump Pleads the Fifth, Here Are Mueller’s Options
In the last several days, President Donald Trump’s lawyers have floated what appears to be a trial balloon, suggesting that despite Trump’s bold proclamation that he welcomed…
Stop Calling It “Incidental” Collection of Americans’ Emails: The Gov’t’s Renewed Surveillance Powers
Former Acting FBI Dir. Andrew McCabe, Deputy AG Rod Rosenstein, DNI Dan Coats, and NSA Dir. Adm. Michael Rogers testify on re-authorization of Foreign Intelligence Surveillance…
Facts on FISA: Correcting the Record on the Section 702 House Floor Debate
Sens. Elizabeth Warren (D-Mass.), Ron Wyden (D-Ore.), and Rand Paul (R-Ky.) speak at a news conference about their proposed FISA reforms at the Russell Senate Office Building on…
Special Edition Podcast: Liza Goitein on Section 702’s Reauthorization
Amidst the noise today generated by President Donald Trump’s contradictory and inaccurate tweets about Section 702 of the FISA Amendments Act this morning and his awful-yet-predictable…
Deep State Dissonance
U.S. National Security Agency Director Michael Rogers delivers remarks arguing for the renewal of Section 702 of the Foreign Intelligence Surveillance Act on October 13, 2017 in…