Privacy
276 Articles
FAA Section 702 developments
Back in February, I posted about the first brief on the merits challenging the constitutionality of Section 702 of the FISA Amendments Act of 2008, in the criminal case against…
Why We Can’t Support the New USA FREEDOM Act
[Editor’s Note: Just Security has been closely following the congressional proposals, including the USA FREEDOM Act, introduced in recent months aimed to curb the administration’s surveillance authorities.…
Let the Sun Shine In: WaPo Story on the Magistrates’ Revolt
Yesterday’s Washington Post has an interesting story about the increasingly aggressive role some federal magistrate judges are playing in policing criminal investigations involving…
New Editors’ Picks Reading List: IHRL on Privacy and Surveillance
As regular readers will likely recall, in recent weeks there has been much discussion here on the pages of Just Security (and elsewhere) on important questions regarding the extraterritorial…
Fourth Circuit Upholds Contempt Against Lavabit, Doesn’t Decide Gov’t Access to Encryption Keys
Today the Fourth Circuit refrained from deciding the first legal challenge to government seizure of the master encryption keys that secure our communications with web sites and…
European Court says Data Retention Directive is Invalid
Yesterday, the Grand Chamber of the Court of Justice of the European Union (CJEU) gave a compelling judgment in two joined cases: Case C-293/12 Digital Rights Ireland; Case C-594/12…
The Extraterritorial Right to Privacy: An Opportunity to Impact the Debate
A codicil to our ongoing discussion of the human rights implications of foreign and mass surveillance (see prior posts by Ryan Goodman (here and here), Philip Alston, Jennifer…
UN Human Rights Committee Says ICCPR Applies to Extraterritorial Surveillance: But is that so novel?
[Editor’s Note: John Bellinger over at Lawfare replied to the following post. And Ryan has a new post, partly in response to John.] A major development in today’s UN Human…
International Law on Mass Foreign Surveillance: A Response to Ben Wittes and Ashley Deeks
On Monday, I joined the debate between Glenn Greenwald and Ben Wittes by arguing that the issue of mass surveillance of foreign populations is regulated by international human…
An End to Dragnet Surveillance?
The New York Times report that President Obama will call for an end to the bulk collection of American’s telephone metadata is yet further vindication for Edward Snowden in particular,…
International Proscriptions on Mass Surveillance (or What’s Missing in the Greenwald vs. Wittes Debate)
[Editor’s Note: On Tuesday, Ben Wittes and Ashley Deeks over at Lawfare replied to the following post. And Ryan has since posted a rejoinder to Ben and Ashley.] This weekend’s…
PCLOB Hearing on Section 702 Authorities
Today, the PLCOB is holding a hearing on programs authorized under Section 702 of FISA. The hearing can be watched live on C-SPAN2. Written testimony of the witnesses is linked…