4th Amendment
176 Articles
United States v. Davis – Wrestling With the Third Party Doctrine
In the excitement over the Second Circuit’s ruling on the NSA’s bulk collection program, another very significant appellate decision that was issued last week has been largely…
How the Second Circuit’s Decision in Clapper Informs the Section 215 Discussion
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…
The Substance of the Second Circuit on 215: Four Key Takeaways
[Cross-posted at ACSblog] Yesterday the Second Circuit declared the NSA’s bulk telephone metadata program unlawful. Specifically, it ruled that it was unauthorized by section…
USA Freedom and the Surveillance Reform That Almost Was
Committee markups can be a dry affair, an opportunity for political showboating, or both. Yesterday’s markup of the USA Freedom Act in the House Judiciary Committee was neither.…
The Intelligence Time Machine
On Tuesday, members in the House and Senate introduced new versions of the USA Freedom Act that would prohibit bulk collection of records under Section 215 of the Patriot Act,…
The Minimalist Surveillance Reforms of USA Freedom
On April 30, the House Judiciary Committee will take up a warmed-over version of last year’s USA Freedom Act. The committee has offered a rather optimistic claim of the surveillance…
Talking About Section 215: A Readers’ Guide
Media coverage of John Oliver’s critique about the lack of discussion surrounding government surveillance programs seems to prove his point. Much, if not most, of the attention…
Wikimedia v. NSA: Standing and the Fight for Free Speech and Privacy
On March 10, 2015, represented by the ACLU, the Wikimedia Foundation and eight co-plaintiffs filed suit against the NSA, the Justice Department, and others, over the mass search…
The Right Way to Share Information and Improve Cybersecurity
This year is turning out to be a banner one for flawed proposals that would allow businesses to share information about Americans’ online activity with the Department of Homeland…
Deep Dive: The White House’s New Memo on Drones and Privacy
Last month, President Obama released a presidential memorandum on the domestic use of drones by federal agencies. The memorandum addresses the implications for privacy, civil rights,…
Transcript: NSA Director Mike Rogers vs. Yahoo! on Encryption Back Doors
NSA Director Adm. Mike Rogers squared off against top security experts from the tech industry today in a series of exchanges that illustrated the chasm between some leading technology…
Guest Post: US Intelligence Reforms Still Allow Plenty of Suspicionless Spying on Americans
Last week, the Obama Administration released a report and documents cataloging progress toward signals intelligence (SIGINT) reform goals set a year ago by the President in a document…