Litigation
840 Articles
A Readers’ Guide to the Apple All Writs Act Cases
The last few weeks and months have been awash in media coverage of two cases before magistrate judges involving the federal government seeking to use the All Writs Act to compel…
Apple’s motion to vacate the All Writs Act assistance order: Has Apple chosen the best “test case”?
Here it is. On first read, I think it has some very strong sections, including, in particular, its description of the efforts Apple would have to undertake to create and secure…
A Quick Update on Serdar Mohammed v. Ministry of Defence
Earlier this month, the UK Supreme Court held oral argument in Serdar Mohammed v. Ministry of Defence, a crucial case concerning the legality of British detention policy in Afghanistan.…
Apple vs. FBI: “Just This Once”?
I wrote about the FBI’s attempt to force Apple to write an iPhone hacking tool for the bureau over at Time last week — and go read that if you’re getting caught up on the…
Closing Guantánamo, Episode XXVIII: This Time, We Really, Really (Really!) Mean It…
Word has it that, later today, the Obama administration will release its long-ballyhooed Plan. To. Close. Guantánamo. (Not to be confused, mind you, with the original plan from…
Who Sets the Rules of the Privacy and Security Game?
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…
Justice Scalia, Privacy, and Where We Go From Here
When you work in privacy and civil liberties, you get accustomed to having strange bedfellows. Senator Bernie Sanders, Democratic socialist presidential candidate from Vermont,…
D.C. Circuit Quietly Set to Hear Major National Security Appeals
Given the rather significant legal news of the past four days, it’s easy to forget that a three-judge panel of the D.C. Circuit (Tatel, Griffith, & Sentelle, JJ.) is…
When Did the War With al-Qaeda Start?
On Wednesday, the DC Circuit is scheduled to hear oral arguments on a request to halt the military commission prosecution of Guantánamo detainee Abd al-Rahim Hussein al-Nashiri.…
The Poisoning of Alexander Litvinenko and the Geographical Scope of Human Rights Law
On January 21, a British investigation concluded that Russian President Vladimir Putin “probably” approved the poisoning of former Russian spy Alexander Litvinenko, who died…
The Way Forward for Surveillance Reform Can Balance Human Rights and Government Needs
The fall of 2015 was marked by two key developments in the debate about laws on communications surveillance and the right to privacy. First, on October 6, the EU Court of Justice…
The European Court of Human Rights Constrains Mass Surveillance (Again)
In a decision that may someday be considered the penultimate nail in the coffin that European courts have been building for mass surveillance, the European Court of Human Rights…