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Tag Archive: Domestic Surveillance

Episode 46 of the National Security Law Podcast: The $15 Million Dollar Man


In this week’s episode, your devoted hosts dig into a bonanza of national security law odds-and-ends.

First up is an en banc decision by the Foreign Intelligence Surveillance Court of Review involving the standing of the ACLU and the Yale Media Freedom and Information Access Clinic to litigate a claimed First Amendment right of public access in relation to FISC opinions.…   continue »

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 their customers about legal process issued under the Stored Communications Act, like search warrants, that they receive for  information in customer accounts.…   continue »

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 need for the podcast flows from the President Trump’s statements to the press today regarding the possibility of taking the perpetrator to Guantanamo,  his criticisms of the criminal justice process, and statements from Senator Graham emphasizing the need to interrogate the perpetrator without counsel. …   continue »

Recap of Recent Pieces on Just Security (Oct. 21-27)

Russia Investigation and Facebook

Congressional Authorization, Oversight and Niger

Drone Strikes, Laws of War, and Human Rights


Domestic and International Surveillance

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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 after the 9/11 attacks and over the vehement objections and warnings of civil libertarians, the bill passed the Senate 98-1 and the House 357-66.…   continue »

Treasury’s Turf War Over Domestic Spying


BuzzFeed News recently reported serious allegations that the Treasury Department’s Office of Intelligence Affairs (OIA) is illegally accessing and analyzing the ­financial records of Americans, according to unnamed officials inside the department. Treasury quickly responded to this news with a strong denial, but the department’s inspector general is reportedly looking into the matter.…   continue »

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 controversy centers around “backdoor searches”—the government’s practice of sifting through communications, obtained without a warrant because the targets are ostensibly foreign, for the calls and e-mails of particular Americans.…   continue »

Recap of Recent Pieces on Just Security (Oct. 14-20)

ISIS, Iraq, Syria, and Yemen

Russia Investigation

Guantanamo Military Commissions and Legal Ethics

International Human Rights Mobilization

Cybersecurity, Digital Privacy, and Encryption

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