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Just Security

Reforming The Section 702 Dragnet (Part 1)

The consensus is clear that spying on innocent Americans section 215 of the Patriot Act is flatly illegal.  The Center for Democracy and Technology said it, Christopher Sprigman…
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Section 215 Telephone Metadata Collection: The Privacy and Civil Liberties Oversight Board Trashes Pretty Much Everyone

Wow.  There’s really no other way to capture what the Privacy and Civil Liberties Oversight Board told the nation today in its 200+ page report on the NSA’s telephone metadata…
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Privacy Board Debunks Purported Justification for NSA’s Phone-Records Dragnet

The just-released report of the Privacy and Civil Liberties Oversight Board is rigorous and well-written, and it’s worth reading in its entirety.  One section warranting particular…
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PCLOB Releases Report, Recommends Government End §215 Program

Today, the Privacy and Civil Liberties Oversight Board (PCLOB) released its report (full text) on the NSA’s bulk telephony metadata collection program under Section 215…
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A “Right to be Forgotten”

Readers may be interested in a past decision of the Italian Court of Cassation adjudicating whether former convicted terrorists have a “right to be forgotten.” The decision…
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The Disconnect between Theory and Practice in Obama’s NSA Speech

I have a post on Foreign Policy arguing that there was a substantial disconnect between theory and practice in President Obama’s NSA speech yesterday.  On the one hand, President…
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Version 4.0 – Do We Need A New Privacy and Civil Liberties Board?

One aspect of the President’s Review Group report on NSA surveillance that has gone relatively unnoticed is the recommendation that the current Privacy and Civil Liberties Oversight…
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Up to Date with the EU on Data Protection: Canvassing Implications for the US

The EU’s justice and rights commissioner, Viviane Reding has recently warned that the U.S. needs to adjust its surveillance programs or risk freezing its data sharing arrangements…
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Is the Draft UN Resolution on the Right to Privacy a Trojan Horse for Libertarians?

In response to recent revelations of NSA foreign surveillance programs, the UN General Assembly appears poised to adopt a Resolution on the international right to privacy. Because…
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Did the UN General Assembly Let the US Entirely Off the Hook on the Right to Privacy?

In early December the UN General Assembly will adopt, almost certainly by consensus, a resolution on “the right to privacy in the digital age.”  Intensive negotiations at…
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The New US “Red Line” – No Privacy Rights For Foreigners

Colum Lynch has a fascinating blog at Foreign Policy based on a leaked memo reflecting the United States’ latest “redline”:  that no privacy rights be recognized for foreigners…
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More on Wittes and the Rights of Others

The debate on the privacy rights of foreign nationals goes on, at least in the blogosphere. Ben Wittes responds to my post here on Lawfare today by objecting that I have not…
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