Domestic Surveillance
300 Articles
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,…
The FBI’s Problem Isn’t “Going Dark.” Its Problem is Going Slowly
It should be clear to even casual observers today that the “golden age of surveillance” thesis is fundamentally correct. We live in a time when far more data and surveillance…
Wiretap Numbers Don’t Add Up
Last week, the Administrative Office (AO) of the US Courts published the 2014 Wiretap Report, an annual report to Congress concerning intercepted wire, oral, or electronic communications…
There’s No Reason to Hide the Amount of Secret Law
Last week, President Obama announced a new policy that would allow private parties to pay ransoms to hostage takers. The policy was established through an executive order and an…
Sloppy Cyber Threat Sharing Is Surveillance by Another Name
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…
Has the CIA Asked the FISC to Restart Its Bulk Collection Program?
There’s a curious gap in the documents currently posted on the FISC’s public docket — one that suggests the NSA call records program isn’t the only type of bulk collection…
“Expense,” “Delay,” and the Inauspicious Debut of the USA FREEDOM Act’s Amicus Provision
I have very little to add to Liza Goitein’s thorough and excellent post from this morning, which explains–quite forcefully in my view–why Judge Saylor’s…
The FISC’s Newest Opinion: Proof of the Need for an Amicus
In the first public opinion of the Foreign Intelligence Surveillance Court (FISC) since the USA Freedom Act became law, Judge F. Dennis Saylor IV ruled that the law revived the…