Law enforcement
438 Articles
Digital Free for All Part Deux: European Commission Proposal on E-Evidence
The European Commission has released a proposal to enable EU-member states’ law enforcement authorities to access digital information regardless of where that data is stored.…
Travel Ban III: Why the Court Does Not Have to Second-Guess Any (Nonexistent) Presidential National Security Decisions
[Cross-posted at Balkinization.] There’s already been a great deal written about yesterday’s oral argument in Trump v. Hawaii. Most observers have focused on whether, for…
The Politicization of Our Security Institutions
The politicization of the FBI has been swift and extreme. According to Reuters polling, just two years ago, 84 percent of Republicans viewed the FBI favorably. By February 2018,…
Comey’s Book and Prepublication Review
Tomorrow, Flatiron Books will publish former FBI Director Jim Comey’s book, a much-anticipated memoir in which Comey will reportedly share striking new details from his two decades…
How to Move the Battle Lines in the Crypto-Wars
Get ready for another round of the crypto-wars. A recent report in the New York Times indicates that the Justice Department has been quietly discussing with researchers ways to…
The Military, the Mexican Border and Posse Comitatus: Four Key Takeaways
The four core legal issues to watch as a “militarized border” implementation plan develops. Written by former Navy commander, serving as a tactical jet aviator and attorney…
Congress Should Place More Limits on Cellphone Location Tracking After Carpenter
This spring, the United States Supreme Court will issue a ruling in the landmark case of Carpenter v. United States, deciding whether the government requires a warrant to continuously…
Supreme Court Cases Support Obstruction Charges Against the President
Is there a fundamental weakness in the potential case of obstruction against President Donald Trump? At the end of the day, the known facts regarding Trump’s actions are likely…
The Indictment of Russia’s Super PAC and the Open Question of Trump Campaign Complicity
Russia's Internet Research Agency is now revealed to have been among the largest Super PACs operating in the 2016 elections. This is now clearly one of the major campaign finance…
New Bill Would Moot Microsoft Ireland Case — And Much More!
A bipartisan group of Senators today introduced the Clarifying Lawful Overseas Use of Data (CLOUD) Act—a bill that moots the pending Supreme Court Microsoft Ireland case and…
Debate, Dispute, Disagree—But Please Don’t Call for Arrest
No sooner had the Nunes Memo been released than the cries began. “Lock every single one of these bastards up,” tweeted former long-time Democratic Congressman John Dingell,…
How Well Did the Nunes Memo Answer the ‘5 Questions’?
Before the House Intelligence Committee released the Nunes memo on Friday, Asha Rangappa, a former FBI special agent, highlighted five questions that the memo would need to address…