Constitution
706 Articles
Correcting the Record on Section 702: A Prerequisite for Meaningful Surveillance Reform, Part III
In our previous posts, we’ve argued that the NSA is collecting massive amounts of data about US citizens under conditions that have nothing to do with terrorism or national…
Just Security’s Questions for Clinton and Trump
Given the importance of tonight’s prime-time debate between US presidential candidates Hillary Clinton and Donald Trump, we’re again running our list of vital national…
A Broken Playbook: The NYPD Targeted Muslims in Over 95-Percent of Investigations That Broke Surveillance Rules
The NYPD’s Intelligence Bureau consistently broke court-imposed rules governing investigations involving political activity, according to a recent report by the NYPD Inspector…
Correcting the Record on Section 702: A Prerequisite for Meaningful Surveillance Reform, Part II
Last week, we argued that the public discussion surrounding two of the government’s most controversial mass surveillance programs – PRISM and Upstream – has not sufficiently…
Unprecedented and Unlawful: The NSA’s “Upstream” Surveillance
The FISA Amendments Act of 2008 (FAA) — the statute the government uses to engage in warrantless surveillance of Americans’ international communications — is scheduled to…
Correcting the Record on Section 702: A Prerequisite for Meaningful Surveillance Reform
The legal authority behind the controversial PRISM and Upstream surveillance programs used by the NSA to collect large swaths of private communications from leading Internet companies…
Supreme Court Grants Temporary Stay in Backpage Senate Subpoena Litigation
I recently wrote about the Senate civil enforcement action seeking to enforce a subpoena of Backpage.com records issued by the Permanent Subcommittee on Investigations (PSI). Backpage…
The Vulnerability Equities Process Should Consider More than Intelligence Community Needs
Dave Aitel and Matt Tait’s recent post in Lawfare argued that the U.S. government’s procedure for deciding whether to withhold unknown or little-known vulnerabilities in…
Third Circuit Holds Suspension Clause Does Not Apply to Non-Citizens Physically (But Not Lawfully) Present in the United States
In a breathtaking 80-page opinion handed down today in Castro v. U.S. Dep’t of Homeland Security, a unanimous panel of the Third Circuit has held that the Suspension Clause…
A Problematic Pseudo-Category of Surveillance Information and Promising Post-Collection Policy
This week, the Office of the Director of National Intelligence declassified a Foreign Intelligence Surveillance Court of Review (FISCR) opinion that has important broad implications…
We Shouldn’t Wait Another Fifteen Years for a Conversation About Government Hacking
With high-profile hacks in the headlines and government officials trying to reopen a long-settled debate about encryption, information security has become a mainstream issue. But…
Secret Law, Targeting, and the Problem of Standards: A Response to Dakota Rudesill
In his recent posts and an article, Dakota Rudesill tackles the phenomenon of secret law. Dakota persuasively describes a growing body secret law, which he defines as “legal…