National Security Agency (NSA)

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Just Security

Correcting the Record on Section 702: A Prerequisite for Meaningful Surveillance Reform, Part III

In our previous posts, we’ve argued that the NSA is collecting massive amounts of data about US citizens under conditions that have nothing to do with terrorism or national…
Just Security

Correcting the Record on Section 702: A Prerequisite for Meaningful Surveillance Reform, Part II

Last week, we argued that the public discussion surrounding two of the government’s most controversial mass surveillance programs – PRISM and Upstream – has not sufficiently…
Just Security

No More Snowdens? Start by Reforming the House Intelligence Committee

Last Thursday, the House Intelligence Committee (HPSCI) issued a report condemning Edward Snowden and its members unanimously urged President Obama to decline public calls to grant…
Just Security

Unprecedented and Unlawful: The NSA’s “Upstream” Surveillance

The FISA Amendments Act of 2008 (FAA) — the statute the government uses to engage in warrantless surveillance of Americans’ international communications — is scheduled to…
Just Security

Correcting the Record on Section 702: A Prerequisite for Meaningful Surveillance Reform

The legal authority behind the controversial PRISM and Upstream surveillance programs used by the NSA to collect large swaths of private communications from leading Internet companies…
Just Security

A Response to “The Tech”: Continuing the Vulnerability Equities Process Debate

In my recent Just Security piece, I argued that Aitel and Tait’s suggestions in Lawfare to focus the Vulnerability Equities Process (VEP) more narrowly on strategic intelligence…
Just Security

The Vulnerability Equities Process Should Consider More than Intelligence Community Needs

Dave Aitel and Matt Tait’s recent post in Lawfare argued that the U.S. government’s procedure for deciding whether to withhold unknown or little-known vulnerabilities in…
Just Security

We Shouldn’t Wait Another Fifteen Years for a Conversation About Government Hacking

With high-profile hacks in the headlines and government officials trying to reopen a long-settled debate about encryption, information security has become a mainstream issue. But…
Just Security

Secret Law, Targeting, and the Problem of Standards: A Response to Dakota Rudesill

In his recent posts and an article, Dakota Rudesill tackles the phenomenon of secret law. Dakota persuasively describes a growing body secret law, which he defines as “legal…
Just Security

It’s Time to Come to Terms With Secret Law: Part I

Secret law. The words are chilling. They evoke Kafka, unaccountable government, liberty subordinated to state security – and to some ears, perhaps simply the paranoid rantings…
Just Security

The Microsoft Ireland Case and the Future of Digital Privacy

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

Letter to the Editor: Chairman Medine’s Dedicated Service to the PCLOB Was a Testament to Bipartisanship

David Medine left the Privacy and Civil Liberties Oversight Board on July 1, 2016, after three years of dedicated service and leadership as the board’s Chairman. As the board’s…
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