Domestic Surveillance
295 Articles
Justice Department Proposal Would Massively Expand FBI Extraterritorial Surveillance
A Department of Justice proposal to amend Rule 41 of the Federal Rules of Criminal Procedure would make it easier for domestic law enforcement to hack into computers of people…
The Bells of September
This September 11th, I traveled with my little boy down the tree-lined beauty of Savannah to Reynolds Square where, amidst the draped Spanish Moss, historic Christ Church rang…
Renewed focus on statutory construction in the Section 215 litigation
C-SPAN videotaped Tuesday’s oral argument in the U.S. Court of Appeals for the Second Circuit in ACLU v. Clapper, one of the primary challenges to the Section 215 telephony…
FISC OKs Section 215 Investigations of Americans, Despite First Amendment
The Foreign Intelligence Surveillance Court declassified an opinion today which, although highly redacted, illuminates the way at least one Judge is interpreting his mandate to…
Sen. Leahy’s Latest NSA Bill: The Good, The Bad, and The Ugly
This morning, Senator Patrick Leahy released a new version of the USA Freedom Act, a bill intended to reform NSA surveillance following Edward Snowden’s revelations that the…
Senator Leahy Introduces Updated Version of the USA FREEDOM Act
This morning, Senator Leahy (D-Vt) introduced an updated version of the USA FREEDOM Act (full text). If you recall, in May, the House passed a version of the USA FREEDOM Act…
Status of Int’l Human Rights Law in Domestic Surveillance: What the HRW/ACLU report reveals about officials’ views
This morning, Human Rights Watch and the ACLU released a joint report on the chilling effects of domestic surveillance. The report examines, in particular, the impact of surveillance…
All The Pieces Matter: Bulk(y) Collection Under §702
In a recent guest post, Chairman David Medine of the Privacy and Civil Liberties Oversight board gamely responds to several questions about §702 surveillance posed by my co-blogger…
Rejoinder to David Cole
In his reply to my guest post of yesterday, David Cole criticizes me for offering an imperfect defense of counter-terrorism stings. Actually, his criticism does not go far…
The Problems with Counterterrorism Stings: A Response to Samuel Rascoff
[Editor’s note: Don’t miss, Samuel Rascoff’s rejoinder to David Cole’s post, which was subsequently published here on Just Security.] In his guest post…
Why (Some) Secrecy is Good for Civil Liberties
A few weeks back, Ben Wittes wrote a controversial post over at Lawfare on the latest Snowden disclosures, arguing that, “If you’re okay with dumping in the lap of a journalist…
Sting Operations and Counterterrorism: What’s Really at Stake?
Attorney General Eric Holder was in Europe last week, touting the virtues of American-style counter-terrorism, including the prominent use of stings operations against would-be…