Domestic Surveillance
295 Articles
Espionage Porn and Democratic Platitudes: A Response to Rahul Sagar
I don’t have much to say in reply to Rahul Sagar’s thoughtful response to my January 23 post, “Does Espionage Porn Make Us Stronger?” Much of that is because,…
Information Cascades and Intelligence Oversight
Sen. Blumenthal opened a recent surveillance oversight hearing by hammering an important point from the Privacy and Civil Liberties Oversight Board’s thorough report on the…
Eight Questions PCLOB Should Ask About Section 702
Tomorrow, all five members of the Privacy and Civil Liberties Oversight Board (PCLOB) will testify before the Senate Judiciary Committee about their recent report concluding that…
What the No Fly List Teaches Us About Big Data
Shirin beat me to the punch in her excellent discussion of the court’s order in the first-ever no fly list case to be decided on the merits (an issue I previously discussed here).…
Two Developments re Section 215: (i) Changes to the Section 215 Program and (ii) Program’s Scope is Currently More Limited than Originally Thought
In his speech last month on the U.S. signals intelligence programs, President Obama “directed the Attorney General to work with the Foreign Intelligence Surveillance Court…
“The NSA Doesn’t Spy On Americans”
Over at Lawfare, Ben Wittes is making excuses for the intelligence officials who’ve been saying the NSA doesn’t spy on Americans. Ben acknowledges the statement is false—“not…
Reforming The Section 702 Dragnet (Part 1)
The consensus is clear that spying on innocent Americans section 215 of the Patriot Act is flatly illegal. The Center for Democracy and Technology said it, Christopher Sprigman…
Lost in the Bulk Collection Debate — Fifth Circuit Affirms Life Sentence of Khalid Ali-M Aldawsari
With most (if not all) the focus these days on bulk collection under Section 215 of the PATRIOT Act, Section 702 of FISA, or E.O. 12333, it is easy to forget that foreign intelligence…
Privacy Board Debunks Purported Justification for NSA’s Phone-Records Dragnet
The just-released report of the Privacy and Civil Liberties Oversight Board is rigorous and well-written, and it’s worth reading in its entirety. One section warranting particular…
PCLOB Releases Report, Recommends Government End §215 Program
Today, the Privacy and Civil Liberties Oversight Board (PCLOB) released its report (full text) on the NSA’s bulk telephony metadata collection program under Section 215…
The Disconnect between Theory and Practice in Obama’s NSA Speech
I have a post on Foreign Policy arguing that there was a substantial disconnect between theory and practice in President Obama’s NSA speech yesterday. On the one hand, President…
Overview of Proposals to Reform Signals Intelligence Programs in Today’s Speech by the President
In today’s speech on Signals Intelligence Programs, President Obama outlined a number of “concrete and substantial reforms that [the] Administration intends to adopt…