Domestic Surveillance
295 Articles
Judge Leon’s Poignant, Yet Pointless, Injunction in Klayman
A long time 12 days ago, I wrote a post sharply criticizing the Second Circuit for deciding not to decide the Fourth Amendment question in ACLU v. Clapper, which arises from the…
Orin Kerr’s Unconvincing Defense of Yesterday’s Second Circuit (Non-)Ruling
Over at the Volokh Conspiracy, my friend Orin Kerr has a thoughtful post up about yesterday’s Second Circuit decision in ACLU v. Clapper, which refused to enjoin the…
What the Third Circuit Said in Hassan v. City of New York
In Hassan v. City of New York, the Third Circuit yesterday emphatically overturned a New Jersey district court, which had dismissed a challenge to the New York City Police Department’s…
Chris Soghoian on Collaboration Between Lawyers, Technologists, and Policymakers
As faithful readers of our site are hopefully aware, Just Security will be celebrating its second anniversary on Monday with an event dedicated to exploring one of the most important…
ECPA Reform: A Primer
Last week, the Second Circuit heard oral argument in the Microsoft Ireland case (transcript). The dispute raises a number of pressing questions about the Electronic Communications…
DOJ’s New Stingray Policy is a Good Start, But It’s Got Problems
Last Thursday afternoon, just as we were all heading out for the Labor Day weekend, the Justice Department released new policy guidance on the use of cell-site simulator technology.…
Armed Drones and the Influence of Big Business on Police Surveillance Technology
On Wednesday, the Daily Beast reported that the North Dakota state legislature recently passed a bill allowing law enforcement drones to carry less-than-lethal weapons. In theory,…
Warrantless Phone Tracking: The Fourth Amendment and Circuit Splits
Last week, a divided three-judge panel of the Fourth Circuit ruled in United States v. Graham that the government must obtain a warrant to obtain from a phone user’s historical…
The Dream of Internet Freedom Doesn’t Have to Die
This post is a version of the introduction to the author’s keynote speech, “The Lifecycle of a Revolution” at this year’s Black Hat information security conference. Twenty…
Legislative Cyber Threats: CISA’s Not The Only One
If anyone in the United States Senate had any doubts that the proposed Cyber Information Sharing Act (CISA) was universally hated by a range of civil society groups, a literal…
The Declining Half-Life of Secrets
Image credit: US Government via Wikimedia Commons The following post is a preview of a new paper from New America’s Cybersecurity Initiative, where the author is a fellow.…
The Government’s Wiretap Orders Still Don’t Add Up
Last week, I pointed out that the Administrative Office (AO) of the US Courts’ 2014 Wiretap Report numbers didn’t add up to the total number of wiretaps that AT&T, Verizon,…