Constitution
690 Articles
Episode 47 of the National Security Law Podcast: Donuts and Depth Charges
And…we’re back! Fresh off of Thanksgiving, Professor Chesney and I are (all too) fired up to discuss the latest national security law news (not to mention a bunch of stuff…
Modernizing ECPA: We need Congressional action despite DOJ’s new gag order guidelines
On October 24, the Justice Department announced new binding guidance designed to limit the routine use of non-disclosure orders that are used to prevent tech companies from notifying…
What the White House Needs to Disclose about its Process for Revealing Cybersecurity Vulnerabilities
At a series of events earlier in October, White House Cybersecurity Coordinator Rob Joyce announced that he is preparing to release more information about the Vulnerabilities Equities…
For Quick and Strong Justice, Look to the Courts—Not Guantanamo
On Wednesday, Senators Lindsey Graham and John McCain reignited a seemingly settled debate by urging that Sayfullo Saipov, the suspect in Tuesday’s horrific terrorist attack…
Episode 44 of the National Security Law Podcast: Interrogation, Prosecution, and Detention Issues in the Wake of the NYC Attack
We are back, one day after dropping episode 43, with an emergency podcast discussion the legal consequences of the horrific attack that occurred in New York City yesterday. The…
Recap of Recent Pieces on Just Security (Oct. 21-27)
Russia Investigation and Facebook Ryan Goodman, Top Experts: Can Facebook Legally Disclose Russian Ads–What does the Stored Communications Act say? Artin Afkhami, Former Federal…
Happy PATRIOT Act Day!
On this day, 16 years ago, President George W. Bush signed into law the most sweeping, publicly acknowledged domestic surveillance authority in American history. Enacted six weeks…
Closing Section 702’s Front-Door Search Loophole: A Critical Protection for Americans
As the December 31st expiration date for Section 702 of the Foreign Intelligence Surveillance Act (FISA) approaches, the debate over reauthorization is in full swing. Most of the…
NYU Law Forum: “National Security: The Role of Senior Advisers in the White House”
On October 18, the Latham & Watkins Forum at NYU Law presented discussion on “National Security: The Role of Senior Advisers in the White House.” Just Security…
Responsibility and the Encryption Debate: A Response to DAG Rosenstein
Deputy Attorney General Rod Rosenstein. Last week, Deputy Attorney General Rod Rosenstein gave a speech about encryption at the U.S. Naval Academy, solidifying the Trump administration’s…
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…
Why Posse Comitatus is Not Immediately Applicable to the Military’s Mission in Puerto Rico
The Commonwealth of Puerto Rico, a territory of the United States where 3.4 million U.S. citizens reside, is suffering a humanitarian crisis following Hurricane Maria. Lt. Gen.…