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Just Security

What ACLU v. Clapper Means

Many others have already weighed in about the significance of last week’s ruling in ACLU v. Clapper. Here are my own quick thoughts. As regular readers of this blog already know,…
Just Security

How the Second Circuit’s Decision in Clapper Informs the Section 215 Discussion

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

Candidates, Senators, and Surveillance: The Stakes

In the wake of the US Court of Appeals for the Second Circuit ruling that the Patriot Act’s Section 215 metadata program is illegal, former Senator (and now presidential candidate)…
Just Security

The Substance of the Second Circuit on 215: Four Key Takeaways

[Cross-posted at ACSblog] Yesterday the Second Circuit declared the NSA’s bulk telephone metadata program unlawful.  Specifically, it ruled that it was unauthorized by section…
Just Security

[UPDATED with details and analysis] BREAKING: Second Circuit rules that Section 215 does not authorize telephony bulk collection program

[UPDATED]  The opinion is here.  Judge Sack’s concurring opinion is here.  Because the court rules on statutory grounds, it does not reach the Fourth Amendment questions.…
Just Security

USA Freedom and the Surveillance Reform That Almost Was

Committee markups can be a dry affair, an opportunity for political showboating, or both. Yesterday’s markup of the USA Freedom Act in the House Judiciary Committee was neither.…
Just Security

The Intelligence Time Machine

On Tuesday, members in the House and Senate introduced new versions of the USA Freedom Act that would prohibit bulk collection of records under Section 215 of the Patriot Act,…
Just Security

The Minimalist Surveillance Reforms of USA Freedom

On April 30, the House Judiciary Committee will take up a warmed-over version of last year’s USA Freedom Act. The committee has offered a rather optimistic claim of the surveillance…
Just Security

Senator McConnell’s Modest Proposal to Reform Section 215: Don’t!

With only 14 legislative days remaining (in the House, anyway) before Section 215 of the USA PATRIOT Act (which the government argues, and the Foreign Intelligence Surveillance…
Just Security

Appointing Democratic Judges to the FISA Court Won’t Solve Its Structural Flaws

Chief Justice Roberts recently named two new judges to the Foreign Intelligence Surveillance Court (FISC) — Judge James P. Jones from the Western District of Virginia and Judge…
Just Security

The Patriot Act’s Sunset is the Perfect Chance to Make the FISA Court More Like a Real Court

In the coming weeks, Congress must decide whether to renew the Patriot Act, which the National Security Agency (NSA) uses to collect Americans’ telephone records in bulk, regardless…
Just Security

The Investigation into 12333 Begins

The Privacy and Civil Liberties Oversight Board (PCLOB) voted 4–1 yesterday to conduct reviews of how Executive Order 12333 is used in counterterrorism investigations by the…
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