National Security Agency (NSA)

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Just Security

“The NSA Doesn’t Spy On Americans”

Over at Lawfare, Ben Wittes is making excuses for the intelligence officials who’ve been saying the NSA doesn’t spy on Americans. Ben acknowledges the statement is false—“not…
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Can Congress Protect Digital Privacy from NSA Spying?

[Editor’s Note: The House Judiciary Committee hearing can be viewed live on C-SPAN.org] Today, the House Judiciary Committee will conduct a hearing on recommendations to…
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Reforming 702: Does NSA Minimize Cloud Files?

Yesterday, I wrote generally about the problems with section 702 of the FISA Amendments Act (FAA). Today I want to focus on categories of information—including content—that…
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Reforming The Section 702 Dragnet (Part 1)

The consensus is clear that spying on innocent Americans section 215 of the Patriot Act is flatly illegal.  The Center for Democracy and Technology said it, Christopher Sprigman…
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GCHQ Surveillance Likely Illegal, Says Leading UK Barrister

In yesterday morning’s News Roundup, I noted that a leading lawyer in the UK has submitted legal advice to a parliamentary group concluding that mass surveillance programs conducted…
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Don’t Close Your Eyes to Surveillance Dangers: A Response to Richard Epstein

Richard Epstein’s office at the Hoover Institution is less than a mile from mine at Stanford Law School, and I’ve had the pleasure to hear Richard speak to the faculty on a…
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Security, Uncertainty, and the National Security Administration: The President Should Defend, Not Revise, Current NSA Procedures

The question of national security and its relationship to individual privacy has always provoked a challenge for persons with strong libertarian inclinations, who rightly embrace…
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Section 215 Telephone Metadata Collection: The Privacy and Civil Liberties Oversight Board Trashes Pretty Much Everyone

Wow.  There’s really no other way to capture what the Privacy and Civil Liberties Oversight Board told the nation today in its 200+ page report on the NSA’s telephone metadata…
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Privacy Board Debunks Purported Justification for NSA’s Phone-Records Dragnet

The just-released report of the Privacy and Civil Liberties Oversight Board is rigorous and well-written, and it’s worth reading in its entirety.  One section warranting particular…
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PCLOB Releases Report, Recommends Government End §215 Program

Today, the Privacy and Civil Liberties Oversight Board (PCLOB) released its report (full text) on the NSA’s bulk telephony metadata collection program under Section 215…
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Does “Espionage Porn” Make Us Stronger?

Although they have somewhat different focuses, one can find much in common in recent posts about the continuing byproducts of the Snowden disclosures (including last Friday’s…
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Balancing the Public Interest in Disclosures

On Monday, Marc Theissen had an opinion piece in the Washington Post taking The New York Times to task for publishing the details of the NSA’s capabilities of using radio…
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