4th Amendment
176 Articles
Judge Leon’s Poignant, Yet Pointless, Injunction in Klayman
A long time 12 days ago, I wrote a post sharply criticizing the Second Circuit for deciding not to decide the Fourth Amendment question in ACLU v. Clapper, which arises from the…
Section 215 and “Fruitless” (?!?) Constitutional Adjudication
This morning, the Second Circuit issued a follow-on ruling to its May decision in ACLU v. Clapper (which had held that the NSA’s bulk telephone records program was unlawful…
Chris Soghoian on Collaboration Between Lawyers, Technologists, and Policymakers
As faithful readers of our site are hopefully aware, Just Security will be celebrating its second anniversary on Monday with an event dedicated to exploring one of the most important…
ECPA Reform: A Primer
Last week, the Second Circuit heard oral argument in the Microsoft Ireland case (transcript). The dispute raises a number of pressing questions about the Electronic Communications…
The Microsoft Warrant Case: A Response to Orin Kerr
With less than a week before the Second Circuit considers the dispute between Microsoft and the government over emails stored in Ireland (an issue I have blogged about here, here,…
The Difficulty With Metaphors and the Fourth Amendment
The Fourth Amendment to the US Constitution seems straightforward on its face: At its core, it tells us that our “persons, houses, papers, and effects” are to be protected…
Better Never Than Late? The D.C. Circuit’s Problematic Standing Holding in Klayman
This morning, nearly 10 months after it was argued, the D.C. Circuit finally handed down its decision in Obama v. Klayman—the government’s appeal of Judge Leon’s December…
Jen Daskal’s The Un-Territoriality of Data is Honored
Yesterday, I had the pleasure of attending a luncheon honoring winners for best of the 2014-2015 Call for Papers by the Southeastern Association of Law Schools (SEALS) at its annual…
Are Cross-Border Shootings Heading to the Supreme Court?
Two weeks ago, I wrote about an important new decision by the US District Court for the District of Arizona, holding that the Fourth Amendment does apply to the cross-border shooting…
Cross-Border Shootings as a Test Case for the Extraterritorial Fourth Amendment
Ever since the Supreme Court’s 2008 decision in Boumediene v. Bush, courts and commentators alike have wondered about the relationship between the functional approach…
Sloppy Cyber Threat Sharing Is Surveillance by Another Name
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
Major Second Circuit Ruling Sides With Immigrants Subjected to Post-9/11 Roundup
I’ve written at some length in the past about judicial hostility to damages suits brought by victims of allegedly unlawful post-9/11 counterterrorism policies. I may have…