Patriot Act

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National Counterterrorism Center Director Matthew Olsen, FBI Director James Comey, Director of National Intelligence James Clapper, CIA Director John Brennan, Defense Intelligence Agency Director Lt. Gen. Michael Flynn testify during a hearing before Senate (Select) Intelligence Committee January 29, 2014 on Capitol Hill in Washington, DC.

20 Years After the Patriot Act, America Must End Secret Law

Of the many abuses that sprung from the Patriot Act’s toxic soil, the most pernicious and enduring is the growth of secret laws. The insistence that the government must not only…
US President George W. Bush signs into law an anti-terrorism bill that expands police and surveillance powers in response to September 11 attacks on the World Trade Center and the Pentagon, 26 October 2001 in the East Room of the White House in Washington, DC. With Bush from left to right are Rep. Mike Oxley, R-OH, Sen. Orrin Hatch, R-UT, Sen Pat Leahy, D-VT, Sen. Harry Reid, D-NV, and Rep. James Sensenbrenner, R-WI.

Rethinking Surveillance on the 20th Anniversary of the Patriot Act

20 years ago, Congress enacted the PATRIOT Act. It's time to move on from that outmoded model of surveillance.
Rep. Adam Kinzinger (R-IL), and Rep. Jamie Raskin (D-MD) listen to testimony from DC Metropolitan Police Department Officer Michael Fanone before the House Select Committee investigating the January 6 attack on US Capitol on July 27, 2021 at the U.S. Capitol in Washington, DC.

In the Wake of the January 6 Attacks, Will Congress and the Administration Heed the Lessons of 9/11?

The need to respond forcefully to the insurrection should not be conflated with the need for new legal authorities.
A temporary hospital is set up at the Jacob K. Javits Center on March 27, 2020 in New York. Cubicles with curtains are set up with a cot, a chair, a backpack, and a small garbage can each.

9/11 All Over Again

As in the days after 9/11, the current challenges stemming from COVID-19 seem unprecedented. But the parallels are striking.
Protesters march during the Stand Against Racism and Islamophobia: Fraser Anning Resign! rally on March 19, 2019 in Melbourne, Australia. A banner reads, “Mourn the dead. Fight for the living.” and lists the names of those murdered in the Christchurch terror attacks on Friday, March 15, 2019.

The Consequences of Legislating Cyberlaw After Terrorist Attacks

Hastily drafted laws passed under pressure tend to create new problems while doing little to counter threats from terrorists and violent extremists.
The National Security Agency (NSA) headquarters at Fort Meade, Maryland, as seen from the air, January 29, 2010.

Fulfilling the Promise of the USA Freedom Act: Time to Truly End Bulk Collection of Americans’ Calling Records

The new Section 215 "call detail records" program is still ineffective and doesn't justify the privacy threats it poses.

Happy PATRIOT Act Day!

On this day, 16 years ago, President George W. Bush signed into law the most sweeping, publicly acknowledged domestic surveillance authority in American history. Enacted six weeks…

Treasury’s Turf War Over Domestic Spying

BuzzFeed News recently reported serious allegations that the Treasury Department’s Office of Intelligence Affairs (OIA) is illegally accessing and analyzing the ­financial records…
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

The Legal Legacy of the NSA’s Section 215 Bulk Collection Program

Last week’s opinion in Klayman v. Obama by Judge Richard Leon dealt another, emphatic(!) blow to the constitutionality of the NSA’s bulk phone record surveillance program under…
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…
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