National Security Agency (NSA)

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Just Security

Supreme Court Denies EPIC Petition for Mandamus on the Telephony Metadata Program

Without comment or dissent. No surprise.  As expected, then, the action turns to the several cases that have been filed in district court, two of which are being argued this…
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Hearing in Another Surveillance Challenge Today

In previous posts I’ve discussed filings in the two most prominent challenges to the government’s “Telephony Records Program.”  Things are moving along…
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More on Wittes and the Rights of Others

The debate on the privacy rights of foreign nationals goes on, at least in the blogosphere. Ben Wittes responds to my post here on Lawfare today by objecting that I have not…
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Making Sense of the NSA Metadata Collection Program (Part II)

In a previous post here on Just Security, I discussed the constitutionality of the National Security Agency (NSA) program that sweeps up detailed “metadata” pertaining to essentially…
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The Basis for the NSA’s Call-Tracking Program Has Disappeared, If It Ever Existed [Updated]

There’s a significant discrepancy, one that deserves more attention, between what the NSA told the Foreign Intelligence Surveillance Court five years ago about the call-tracking…
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The Constitutionality of a FISA “Special Advocate”

The Privacy and Civil Liberties Oversight Board (PCLOB) is holding a day-long hearing today on possible reforms to the NSA’s surveillance activities—especially those conducted…
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PCLOB Hearing on NSA Review

Today the Privacy and Civil Liberties Oversight Board (PCLOB) is holding a public hearing on recommended changes to surveillance programs authorized under the USA PATRIOT Act and…
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We Are All Foreign Nationals — Even Orin Kerr

The always thought-provoking Orin Kerr has responded, on Lawfare, to my plea here for respecting the privacy rights of foreign nationals.  Kerr finds my arguments unpersuasive,…
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Steve Vladeck Mention on Colbert Report

[Editorial note: Earlier this week, Co-Editor-in-Chief Steve Vladeck testified during the House Permanent Select Committee on Intelligence’s open hearing on the NSA and FISA…
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Trick or Treat?: New FISA “Reform” Legislation Passes Senate Intelligence Committee

Earlier this week, Sen. Dianne Feinstein expressed outrage that “the Senate Intelligence Committee was not satisfactorily informed” of the NSA’s surveillance…
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La Plus Ça Change: A Look Back at Intelligence Gathering Reform

“To understand the past in order to better propose guidance for the future” -Church Commission (1976) Today’s report that the NSA has been tapping into Google and Yahoo data…
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On Trees Falling Silently in Oversight Forests: Three Reflections on Yesterday’s HPSCI Hearing

Although it’s been overtaken by subsequent events, I thought I’d post some reflections on yesterday’s rare open hearing before the House Permanent Select Committee…
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