Constitution
708 Articles
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.…
What Does the New Travel Ban Say About Trump’s Relationship to Judges? Stay Tuned…
In coming days and weeks, much of the discussion about President Donald Trump’s new travel ban will focus on its similarities and differences from its predecessors and what those…
We Need to Know More About Government Searches of Travelers’ Electronic Devices
Relying on directives from the George W. Bush administration, U.S. border patrol and immigration officers have been subjecting travelers crossing U.S. borders to intrusive searches…
Episode 36 of the National Security Law Podcast: NSA General Counsel Glenn Gerstell on Section 702
We have a special treat in this off-cycle episode! National Security Agency General Counsel Glenn Gerstell is in Austin to speak to our students here at UT, and (no doubt against…
Q&A with Andy Wright on Flynn, Subpoenas and “Privileged Information”
CNN reported Tuesday that retired Lt. Gen. Michael Flynn, President Donald Trump’s first national security adviser, has twice declined to comply with a subpoena to appear…
We Know a Lot More About U.S. Spying Since Section 702’s Last Reauthorization
As Congress finally starts to debate whether to reauthorize Section 702 of the FISA Amendments Act before it expires at the end of this year, it’s important to remember that…
President Trump’s Hostility to the News Media: Reckless driving or premeditated assault?
On Tuesday, the United Nations High Commissioner for Human Rights, Zeid Raad al-Hussein, held a press conference at his headquarters in Geneva, intending to focus on systematic…