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Democracy in Peril in Poland

The collapse of communism in Central and Eastern Europe unleashed one of the most remarkable political transformations of modern times, paving the way for millions of Europeans…
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The Way Forward for Surveillance Reform Can Balance Human Rights and Government Needs

The fall of 2015 was marked by two key developments in the debate about laws on communications surveillance and the right to privacy. First, on October 6, the EU Court of Justice…
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The European Court of Human Rights Constrains Mass Surveillance (Again)

In a decision that may someday be considered the penultimate nail in the coffin that European courts have been building for mass surveillance, the European Court of Human Rights…
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European Human Rights Court Deals a Heavy Blow to the Lawfulness of Bulk Surveillance

In a seminal decision updating and consolidating its previous jurisprudence on surveillance, the Grand Chamber of the European Court of Human Rights took a sideways swing at mass…
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An Update on European Measures Addressing Terrorism in the Aftermath of the French Attacks

In the aftermath of multiple terrorist atrocities in Paris on November 13, concerted legal and policy action is being taken both domestically and regionally. Coordinated regional…
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Safe Harbor and Reforming Section 702

Having only belatedly caught up on the European Court of Justice’s Safe Harbor decision, I wanted to weigh in on the excellent discussion between Tim Edgar and Peter Margulies…
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Mass Surveillance and the Right to Privacy: Adding Nuance to the Schrems Case

Last week’s post by Megan Graham is certainly a welcome contribution in explaining the implications of the Max Schrems case by the European Union Court of Justice, and specifically…
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The Special Rapporteur on Torture’s Report on Extraterritoriality Speaks to Migrant Crisis

The United Nations Special Rapporteur on Torture, Juan E. Méndez, has issued a new expert’s report (his 17th)—this one on extraterritoriality. (JustSecurity’s extensive…
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Adding Some Nuance on the European Court’s Safe Harbor Decision

Yesterday, the European Court of Justice (ECJ) issued a decision about European data protection laws as they relate to data transfers to the US. While there have been a number…
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Charlie Hebdo and Hate Speech: Don’t Prosecute the Messenger

Nine months after their offices were attacked by Muslim extremists, Charlie Hebdo’s cartoonists are facing calls for prosecution for allegedly inciting hatred through cartoons…
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European Countries Are Edging Toward Their Own War on Terror

A version of this article first appeared on the European Council on Foreign Relations website. The United States looks less lonely in its use of drone strikes against terrorist…
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10 Questions about the UK Spying on Amnesty International

Yesterday, the UK’s Investigatory Powers Tribunal informed Amnesty International that British intelligence agency GCHQ had spied on the human rights organization by intercepting…
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