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Just Security

USA Freedom: The Rubber Meets the Road

The National Security Agency has released its Transparency Report on the implementation of the USA Freedom Act — as well as the minimization procedures to be used for the new…
Just Security

Cruz & Rubio’s Confusing USA Freedom Exchange

A few reporters have asked me about a slightly odd exchange between GOP presidential hopefuls Marco Rubio and Ted Cruz at last night’s primary debate, so I thought it might…
Just Security

Bulk Collection Under Section 215 Has Ended… What’s Next?

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…
Just Security

Judge Leon’s Poignant, Yet Pointless, Injunction in Klayman

A long time 12 days ago, I wrote a post sharply criticizing the Second Circuit for deciding not to decide the Fourth Amendment question in ACLU v. Clapper, which arises from the…
Just Security

Orin Kerr’s Unconvincing Defense of Yesterday’s Second Circuit (Non-)Ruling

Over at the Volokh Conspiracy, my friend Orin Kerr has a thoughtful post up about yesterday’s Second Circuit decision in ACLU v. Clapper, which refused to enjoin the…
Just Security

There’s No Reason to Hide the Amount of Secret Law

Last week, President Obama announced a new policy that would allow private parties to pay ransoms to hostage takers. The policy was established through an executive order and an…
Just Security

Has the CIA Asked the FISC to Restart Its Bulk Collection Program?

There’s a curious gap in the documents currently posted on the FISC’s public docket — one that suggests the NSA call records program isn’t the only type of bulk collection…
Just Security

“Expense,” “Delay,” and the Inauspicious Debut of the USA FREEDOM Act’s Amicus Provision

I have very little to add to Liza Goitein’s thorough and excellent post from this morning, which explains–quite forcefully in my view–why Judge Saylor’s…
Just Security

The Hidden Meaning (Maybe) of the New FISC Opinion

The Foreign Intelligence Surveillance Court released an opinion today, dated June 17, holding that despite the brief lapse of several provisions of the USA Patriot Act, the effect…
Just Security

The Need for a USA Freedom Technical Corrections Act

In a post on Thursday entitled “What Did the USA FREEDOM Act Actually Amend?,” Megan Graham of Just Security carefully described a huge problem with the USA FREEDOM Act, one…
Just Security

Chris Soghoian Q+A: The Next Chapter of Surveillance Reform

I recently conducted a wide-ranging Q+A with the ACLU’s chief technologist, Chris Soghoian, on a range of topics, from the “fraudulent” nature of the recent debate over Section…
Just Security

What Did the USA Freedom Act Actually Amend?

There has been a lot of ink spilled here and elsewhere about the USA Freedom Act over the last several weeks. Its privacy protections. Its alterations to the government’s surveillance…
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