Domestic Surveillance
295 Articles
The Problem With Legalism in the Surveillance State
Editor’s note: this post is a preview of ideas raised in an upcoming article by the author, Intelligence Legalism and the National Security Agency’s Civil Liberties Gap,…
Extending Privacy Protections to Foreigners Will Benefit Americans
I wanted to add a few thoughts to Ryan Goodman’s post outlining policy arguments for and against giving foreigners the same privacy protections enjoyed by Americans (at least…
A Cult of Rules: The Origins of Legalism in the Surveillance State
Editor’s note: this post is a preview of ideas raised in an upcoming article by the author, Intelligence Legalism and the National Security Agency’s Civil Liberties Gap,…
National Security Politics in the 114th Congress
Last September, I wrote a post exploring whether some of the congressional reactions to the Snowden disclosures might have been portents of a coming political realignment on national…
A Republican Senate Takeover Won’t Doom Surveillance Reform
Late on the evening of May 29, 2014, California Rep. Zoe Lofgren (D) called a small, bipartisan group of lawmakers to her office in the Longworth Building on the Capitol Hill campus.…
2014 Congressional Midterms and Surveillance Reform: Races to Watch
This is the first of two posts discussing the future of surveillance reform after the 2014 midterms. The second post is available here. The high water mark for NSA reforms in the…
Apple, Boyd, and Going Dark
Apple’s recent announcement that it will encrypt its newest iPhones is again pushing to the fore the question of whether the law should be updated to require companies to have…
EU-Funded Study: Electronic Mass Surveillance Fails – Drastically
(This article presents the results of research by the SURVEILLE [Surveillance: Ethical Issues, Legal Limitations, and Efficiency] consortium, a European Union-funded multidisciplinary…
Shhh! Last Week Was All About Secrets
Editors’ Note: The following post is the sixth installment of a new feature, “Monday Reflections,” in which a different Just Security editor will take an in-depth look…
Twitter is Suing the US Government in an Effort to Reveal Surveillance Information
Twitter filed a case in the Northern District of California (docket number 14-cv-04480) on Oct. 7 seeking a court order that would allow the company to reveal more precise information…
It’s Time to Pass the USA Freedom Act—Warts and All
Thirteen years after 9/11, the United States Congress appeared poised to begin the long overdue process of reining-in the intelligence establishment’s runaway surveillance practices.…
The Need for Both Legal and Technical Privacy Protections
Last week, Apple and Google came under intense criticism from the law enforcement and national security communities for their decisions to encrypt user data when devices are locked.…