4th Amendment
176 Articles
DOJ Pushes to Expand Hacking Abilities Against Cyber-Criminals
The Wall Street Journal reports that the Department of Justice is seeking increased authority to remotely search not only computers but also cloud based services to which those…
DiFi vs CIA
More than a few folks have commented on the irony of Sen. Dianne Feinstein—perhaps the most vigorous defender of NSA’s controversial surveillance programs—flipping into…
ACLU Takes Phone-Records Challenge to Appeals Court
The ACLU has just filed its opening brief in the Second Circuit in its challenge to the NSA’s phone-records program. The brief—the first appellate brief to be filed in any…
Letter to the Editor: Schrödinger’s Metadata
Earlier this week, Charles A. Blanchard floated a provocative idea: “As strange as it may seem, quantum mechanics might help us illuminate the best approach to restrictions on…
Another (Dubious) Guantánamo Precedent
As Wells Bennett flagged over at Lawfare, the D.C. Circuit’s latest foray into the Guantánamo detainee litigation came two weeks ago in Al-Janko v. Gates, in which a…
Bulk Data Collection and the Mosaic Theory: A More Balanced Approach to Information
The pending challenges in ACLU v. Clapper and Klayman v. Obama (now on appeal before the Second Circuit and D.C. Circuit, respectively) raise the question of whether the mosaic…
FISC Approves Application to Renew Telephony Metadata Program [UPDATED]
Today, the Office of the Director of National Intelligence declassified and announced that the FISC has approved the government’s application to renew the telephony metadata…
Prediction: Fourth Amendment Evolves in 2014
When should courts follow legal precedent and when should the law change? This is a debate that underlies this month’s contrary decisions about the constitutionality of government…
Does Klayman Need to Cross-Appeal Judge Leon’s Ruling?
In yesterday’s post, I explained why, in my view, the far more vulnerable aspect of Judge Leon’s Monday ruling issuing a preliminary injunction against the bulk telephony…
Judge Leon and the Shocking Scope of the NSA’s Surveillance Program
U.S. District Court Judge Richard Leon’s decision on Monday finding that the NSA’s telephony metadata program is likely unconstitutional is a welcome and important recognition…
Why the Constitutional Holding in Klayman Wasn’t Necessary
24 hours later, Judge Leon’s 68-page opinion issuing (and then staying) a preliminary injunction against the NSA’s bulk telephony metadata program continues to generate…
Judge Leon Enjoins Bulk Metadata Program; Stays Ruling Pending Appeal
Things just got interesting here in D.C. In a ruling issued earlier today, Judge Richard Leon has held that Larry Klayman and Charles Strange have standing to challenge the bulk…