Constitution
706 Articles
The Intel Community’s Annual Transparency Report Raises More Questions Than It Answers
The Office of the Director of National Intelligence's new mandatory report, summarizing certain intelligence agencies’ surveillance activities in 2017, is one of the most important…
How to Move the Battle Lines in the Crypto-Wars
Get ready for another round of the crypto-wars. A recent report in the New York Times indicates that the Justice Department has been quietly discussing with researchers ways to…
The Military, the Mexican Border and Posse Comitatus: Four Key Takeaways
The four core legal issues to watch as a “militarized border” implementation plan develops. Written by former Navy commander, serving as a tactical jet aviator and attorney…
Somewhat Improved, the CLOUD Act Still Poses a Threat to Privacy and Human Rights
Above: President Donald Trump gestures to the $1.3 trillion spending bill passed by Congress early Friday. The president just signed a 2,232 page omnibus bill to fund the government…
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…