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Tag Archive: Fourth Amendment

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 their customers about legal process issued under the Stored Communications Act, like search warrants, that they receive for  information in customer accounts.…   continue »

What the White House Needs to Disclose about its Process for Revealing Cybersecurity Vulnerabilities

The U.S. National Security Agency

At a series of events earlier in October, White House Cybersecurity Coordinator Rob Joyce announced that he is preparing to release more information about the Vulnerabilities Equities Process (VEP). 

As we’ve discussed before, the VEP is a complicated yet important process that determines whether the government will notify a digital-technology company about a cybersecurity flaw in its product or service, or choose not to disclose the flaw and use it for later hacking or intelligence-gathering purposes.  continue »

Episode 44 of the National Security Law Podcast: Interrogation, Prosecution, and Detention Issues in the Wake of the NYC Attack

Microphone

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 need for the podcast flows from the President Trump’s statements to the press today regarding the possibility of taking the perpetrator to Guantanamo,  his criticisms of the criminal justice process, and statements from Senator Graham emphasizing the need to interrogate the perpetrator without counsel. …   continue »

Recap of Recent Pieces on Just Security (Oct. 21-27)

Russia Investigation and Facebook

Congressional Authorization, Oversight and Niger

Drone Strikes, Laws of War, and Human Rights

Impeachment

Domestic and International Surveillance

  continue »

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 controversy centers around “backdoor searches”—the government’s practice of sifting through communications, obtained without a warrant because the targets are ostensibly foreign, for the calls and e-mails of particular Americans.…   continue »

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 anti-encryption stance. During his campaign, the president advocated a boycott of Apple products when the company took the Federal Bureau of Investigation (FBI) to court after the bureau tried to force Apple to hack into the San Bernardino shooter’s iPhone.…   continue »