Counterterrorism

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Oregon District Court Holds No-Fly List Procedures Violate Due Process

Speaking of due process, here’s a very significant decision by Judge Brown in the Latif case in the District of Oregon, about which Shirin Sinnar (in a guest post) and…
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US Resumes Drone Strikes in Pakistan: A New Course of Action?

In the past 24-48 hours, the United States has reportedly conducted two successive drone strikes in Pakistan’s northwest tribal area—ending an almost six-month suspension of…
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al Bihani is third successful GTMO detainee before PRB; SecDef considering transfer of six others to Uruguay

Two weeks ago, the GTMO Periodic Review Board determined that continued law-of-war detention of Ghaleb Nassar al Bihani “is no longer necessary to protect against a continuing…
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Ending the Forever War: One Year After President Obama’s NDU Speech

Today, May 23, 2014, marks the one-year anniversary of President’s important speech at the National Defense University (NDU) setting forth his proposed framework for post-9/11…
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Terrorist Watchlists and the Myth of Individual Suspicion

Jen Daskal commented last week on the revelation of a secret exception to the “reasonable suspicion” standard for adding people to the terrorist watchlist.  I want to raise…
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Secrets Revealed: The Government’s No Fly List Arguments Aren’t Flying

Last week Judge William Alsup (N.D. Cal.) released the unredacted version of his ruling in the first-ever challenge to the no-fly list to be decided on the merits – a case that…
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Too Much War, Not Enough Human Rights from the UN Special Rapporteur and European Parliament

Special Rapporteur on human rights and counterterrorism Ben Emmerson’s latest report and the European Parliament’s resolution on drones highlight some pressing issues. Most…
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Key Findings in New UN Special Rapporteur Report on Drones

The UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Ben Emmerson, has now released the final report on…
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United Nations Releases New Report on Drones

[Editor’s note: Emmerson’s drone report is also publicly available on the UN website.] Last year, two UN Special Rapporteurs released major reports on drones — a…
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What the No Fly List Teaches Us About Big Data

Shirin beat me to the punch in her excellent discussion of the court’s order in the first-ever no fly list case to be decided on the merits (an issue I previously discussed here).…
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A Terrorist Watchlist Error Revealed

Last month, a federal district court for the very first time ordered the government to disclose an individual’s status on the terrorist watchlist.  Jennifer Daskal described…
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Reforming The Section 702 Dragnet (Part 1)

The consensus is clear that spying on innocent Americans section 215 of the Patriot Act is flatly illegal.  The Center for Democracy and Technology said it, Christopher Sprigman…
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