Domestic Surveillance
301 Articles
The USA Liberty Act — aka Don’t Let the Constitutional be the Enemy of the Unconstitutional
The House Judiciary Committee has completed its markup of a major surveillance reform bill intended to better protect Americans’ privacy and enhance transparency. Responding…
Modernizing ECPA: We need Congressional action despite DOJ’s new gag order guidelines
On October 24, the Justice Department announced new binding guidance designed to limit the routine use of non-disclosure orders that are used to prevent tech companies from notifying…
Episode 44 of the National Security Law Podcast: Interrogation, Prosecution, and Detention Issues in the Wake of the NYC Attack
We are back, one day after dropping episode 43, with an emergency podcast discussion the legal consequences of the horrific attack that occurred in New York City yesterday. The…
Recap of Recent Pieces on Just Security (Oct. 21-27)
Russia Investigation and Facebook Ryan Goodman, Top Experts: Can Facebook Legally Disclose Russian Ads–What does the Stored Communications Act say? Artin Afkhami, Former Federal…
Happy PATRIOT Act Day!
On this day, 16 years ago, President George W. Bush signed into law the most sweeping, publicly acknowledged domestic surveillance authority in American history. Enacted six weeks…
Treasury’s Turf War Over Domestic Spying
BuzzFeed News recently reported serious allegations that the Treasury Department’s Office of Intelligence Affairs (OIA) is illegally accessing and analyzing the financial records…
Closing Section 702’s Front-Door Search Loophole: A Critical Protection for Americans
As the December 31st expiration date for Section 702 of the Foreign Intelligence Surveillance Act (FISA) approaches, the debate over reauthorization is in full swing. Most of the…
NYU Law Forum: “National Security: The Role of Senior Advisers in the White House”
On October 18, the Latham & Watkins Forum at NYU Law presented discussion on “National Security: The Role of Senior Advisers in the White House.” Just Security…
Recap of Recent Pieces on Just Security (Oct. 14-20)
ISIS, Iraq, Syria, and Yemen Amarnath Amarasingam, Jade Parker, and Charlie Winter, ISIS’s Vegas Claim Tells Us More about the Group Than About the Attacker Nadim Houry, What…
The Rhetoric of “Responsible Encryption”
Last week, Deputy Attorney General Rod Rosenstein gave a speech about encryption that prompted a considerable amount of well-deserved blowback. His speech rehashed a number of…
Responsibility and the Encryption Debate: A Response to DAG Rosenstein
Deputy Attorney General Rod Rosenstein. Last week, Deputy Attorney General Rod Rosenstein gave a speech about encryption at the U.S. Naval Academy, solidifying the Trump administration’s…
Surveillance “Reform”: The Fourth Amendment’s Long, Slow, Goodbye
Over 16 years after the 9/11 attacks and the subsequent repeated passage or renewal of draconian “temporary” but “emergency” domestic surveillance laws in response, it’s…