Domestic Surveillance
295 Articles
It’s Time to Come to Terms With Secret Law: Part II
On Wednesday, I summarized the findings of my recent study of alleged secret law in the three branches of the US government and my conclusion that secret law is a limited but important…
It’s Time to Come to Terms With Secret Law: Part I
Secret law. The words are chilling. They evoke Kafka, unaccountable government, liberty subordinated to state security – and to some ears, perhaps simply the paranoid rantings…
The Early Edition: June 20, 2016
Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad. Here’s today’s news. IRAQ and SYRIA The Kremlin…
The Early Edition: June 17 2016
Before the start of business, Just Security provides a curated summary of up-to-the-minute developments at home and abroad. Here’s today’s news. IRAQ, SYRIA, and THE ISLAMIC…
Recap of Recent Posts on Just Security (May 28–June 3)
I. Guantánamo Military Commissions Steve Vladeck, Why the D.C. Circuit Can’t Really Duck the Article III Issue in Al Bahlul (Thursday, June 2) Daphne Eviatar, Sparring Over…
Recap of Recent Posts on Just Security (May 14–20)
I. Guantánamo & ISIL Detainees Steve Vladeck, Can Detainees Plead Their Way Out of Guantánamo? (Tuesday, May 17) Jonathan Horowitz, The US’ Failure to Plan for ISIL…
The 702 Reform Debate Is Just Heating Up
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
The FBI’s Warrantless Surveillance Back Door Just Opened a Little Wider
On Tuesday, the Office of the Director of National Intelligence (ODNI) released a redacted version of an opinion by Judge Thomas F. Hogan of the Foreign Intelligence Surveillance…
The Obama Administration Has Embraced Legal Theories Even Broader Than John Yoo’s
The Justice Department recently released another of the now-notorious Office of Legal Counsel memos written by John Yoo — memos that authorized torture, warrantless wiretapping,…
Four Takeaways From State v. Andrews
On Wednesday, an appellate court in Maryland handed down a major loss to the government, one that will send police and prosecutors back to the drawing board (or at least back to…
The New Intelligence Sharing Procedures Are Not About Law Enforcement
[Editor’s Note: The author composed this analytic essay while serving as General Counsel for the Director of National Intelligence.] There has been a lot of speculation about…
We Need to Know More About When the FBI Can Access One of the NSA’s Biggest Databases
Americans have learned quite a bit about electronic surveillance since Edward Snowden leaked a massive trove of classified documents almost three years ago. And while we still…