4th Amendment
191 Articles
The House Intelligence Committee’s Section 702 Bill is a Wolf in Sheep’s Clothing
Image: Acting FBI Director Andrew McCabe, Deputy AG Rod Rosenstein, DNI Daniel Coats, and NSA Director Adm. Michael Rogers testify before the Senate Intelligence Committee on the…
Warrantless Border Searches: The officer ‘searched through every email and intimate photos of my wife’
A U.S. Border Patrol agent stops traffic as immigrants are deported across an international bridge into Mexico on March 14, 2017 from Hidalgo, Texas. (John Moore/Getty Images)…
Former Prosecutor Renato Mariotti’s Tweet Threads on National Security (Dec 15-22)
Image: President Trump’s personal attorney Michael Cohen after finding out the Senate Intelligence Committee hearing at which he was to appear was canceled, on September…
Episode 50 of the National Security Law Podcast: The Big Chill
Are your other podcasts letting you down by taking a holiday break? Never fear, National Security Law Podcast is here! With two hosts who would much rather be podcasting than…
The Supreme Court Should Heed Friendly Advice on Microsoft Ireland
President Trump meets with Apple CEO Tim Cook, Microsoft CEO Satya Nadella, and Amazon CEO Jeff Bezos in the State Dining Room of the White House June 19, 2017 in Washington, DC.…
The House Intelligence Committee’s Section 702 Markup Was a Politicized Debacle
On Dec. 1, 2017, the House Intelligence Committee took the unusual step of holding an open markup of its bill to reauthorize Section 702 of the Foreign Intelligence Surveillance…
Why Microsoft Challenged the Right Law: A Response to Orin Kerr
This coming spring, the Supreme Court will hear arguments in the United States v. Microsoft – a case that will determine the authority of U.S. law enforcement to compel, via…
Hayden, NSA, and the Road to 9/11
Retired Gen. Michael Hayden, former director of the NSA and CIA (and now, a national security analyst at CNN), has recently emerged as a leading critic of the Trump administration,…
Warrantless Backdoor Searches are Not “Business as Usual”
This week, Just Security ran two posts, one by Matt Olsen and one by Asha Rangappa, defending the government’s warrantless access to Americans’ communications obtained “incidentally”…
The Supreme Court May Be Ready to Further Limit Warrantless Access to Communications
Yesterday, the Supreme Court heard oral argument in Carpenter v. United States, a case involving the privacy of cell phone location information. At issue is whether the government…
Episode 47 of the National Security Law Podcast: Donuts and Depth Charges
And…we’re back! Fresh off of Thanksgiving, Professor Chesney and I are (all too) fired up to discuss the latest national security law news (not to mention a bunch of stuff…
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…