4th Amendment
190 Articles
Recent Filings in Case Challenging NSA metadata program (ACLU v. Clapper)
Earlier this summer the ACLU filed a lawsuit challenging the constitutionality of the NSA’s collection of telephony metadata under Section 215 of the PATRIOT Act. This is one…
NSA Bulk Collection, the “Corporate Store,” and the Forgotten ECPA Loophole
This weekend’s New York Times report on NSA aggregation of large databases to map the social networks of US citizens contains a reminder that the vast bulk phone records…
The Kris Paper, and the Problematic FISC Opinion on the Section 215 “Metadata” Collection Program [UPDATED Oct. 14]
If you haven’t done so already, you really ought to read David Kris’s very thoughtful and comprehensive paper on the Section 215 metadata collection program, a précis…
Intelligence Oversight and Surveillance Act — Language Now Available
Yesterday, I wrote about the proposed Intelligence Oversight and Surveillance Reform Act. The language of the proposed bill is not yet available on the Library of Congress’…
Making Sense of the NSA Metadata Collection Program and the “Administrative Search” Doctrine
As most people on the planet now know, the National Security Agency obtains detailed records of the “metadata” of essentially every call – domestic and international –…
Debate (Round 2): Metadata and the Fourth Amendment – A Response
This post is one in a series of posts from Just Security‘s Jennifer Granick and Guest Author Orin Kerr debating the constitutionality of the NSA’s telephony metadata…
Debate (Round 2): Metadata and the Fourth Amendment
This post is one in a series of posts from Just Security‘s Jennifer Granick and Guest Author Orin Kerr debating the constitutionality of the NSA’s telephony metadata…
Are Internet Backbone Pen Registers Constitutional?
Between Edward Snowden’s ongoing leaks and a series of frankly unprecedented disclosures by the government itself, the public now knows quite a bit about the NSA’s…
Debate: Metadata and the Fourth Amendment – A Reply to Jennifer Granick
This post is the second in a series from Just Security‘s Jennifer Granick and Guest Author Orin Kerr debating the constitutionality of the NSA’s telephony metadata…
Debate: Metadata and the Fourth Amendment
This post is the first in a series of posts from Just Security‘s Jennifer Granick and Guest Author Orin Kerr debating the constitutionality of the NSA’s telephony metadata…