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Just Security

OPM, CISA, and the Cybersecurity Oxymoron

In Congress, bad policy ideas are like vampires: They are very hard to kill because they’re always somehow coming back from the dead. Such is the case with this year’s iteration…
Just Security

Sloppy Cyber Threat Sharing Is Surveillance by Another Name

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 Ridiculous GTMO Counsel-Stripping Amendment: An Easy Vote

[UPDATE: The Amendment failed by a vote of 133-297.] Steve has already described the likely constitutional problems with the latest Guantanamo amendment designed to strip funding…
Just Security

Why the Latest Ridiculous Guantánamo Amendment is Almost Certainly Unconstitutional

Later today, the House of Representatives appears set to vote on the following amendment to the Department of Defense appropriations bill, sponsored by Missouri Congressman Jason…
Just Security

Chris Soghoian Q+A: The Next Chapter of Surveillance Reform

I recently conducted a wide-ranging Q+A with the ACLU’s chief technologist, Chris Soghoian, on a range of topics, from the “fraudulent” nature of the recent debate over Section…
Just Security

United States v. Davis – Wrestling With the Third Party Doctrine

In the excitement over the Second Circuit’s ruling on the NSA’s bulk collection program, another very significant appellate decision that was issued last week has been largely…
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

Encryption, Anonymity, and the “Right to Science”

“The right to science is sometimes considered a prerequisite for the realization of a number of other human rights.” – Farida Shaheed, UN Special Rapporteur on the field…
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

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…
Just Security

Talking About Section 215: A Readers’ Guide

Media coverage of John Oliver’s critique about the lack of discussion surrounding government surveillance programs seems to prove his point. Much, if not most, of the attention…
Just Security

Wikimedia v. NSA: Standing and the Fight for Free Speech and Privacy

On March 10, 2015, represented by the ACLU, the Wikimedia Foundation and eight co-plaintiffs filed suit against the NSA, the Justice Department, and others, over the mass search…
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