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Tag Archive: Surveillance

Just Security Event: Surveillance and the Trump Administration

Join Just Security for a fireside chat on U.S. surveillance and a celebration of Jennifer Granick‘s new book, American Spies: Modern Surveillance, Why You Should Care, And What to Do About It. Opening remarks by Senator Ron Wyden, followed by a discussion between Granick and Pulitzer Prize-winning New York Times Washington Correspondent Charlie Savage on U.S.…   continue »

Post-Flynn’s Resignation: New and Important Questions Raised

The resignation of National Security Adviser retired Lt. General Michael Flynn and the reporting surrounding his actions have raised new questions about the Trump administration’s contacts with Russian officials and why the White House statements often appear contradictory. Here we try to lay out some of the issues for readers to track in the days and weeks ahead.…   continue »

A New Era of Mass Surveillance is Emerging Across Europe

The world was a different place when, in October 2015, the Court of Justice of the European Union (CJEU) struck down the “Safe Harbour” data-sharing agreement that allowed the transfer of European citizens’ data to the US. The Court’s decision concluded that the indiscriminate nature of the surveillance programs carried out by U.S.  continue »

The Ninth Circuit’s Constitutional Detour in Mohamud

listening

 

The Ninth Circuit’s decision in United States v. Mohamud continues a trend of disappointing decisions by lower courts on the constitutionality of FISA Section 702 surveillance. There are many bones to pick with these decisions (see Jennifer Daskal’s earlier analysis here), but the most glaring flaw is the fundamental misunderstanding and misapplication of the “incidental overhear” doctrine.…   continue »

The Investigatory Powers Act: The Official Entrenchment of Far-Reaching Surveillance Powers

surveillance

What was formerly known as the Investigatory Powers Bill, referred to elsewhere as the “revised Snoopers’ Charter,” has received Royal Assent and, as of Nov. 29, is officially law in the UK. The Act (full text here) does introduce additional safeguards, as well as a new body of oversight and the involvement of judges in the authorization of surveillance warrants.  continue »

Trump’s Whistleblowers—Why Pardoning Manning and Snowden Makes Sense Now

whistle-blowing

Whatever you might have previously thought about the notion of President Barack Obama pardoning Chelsea Manning and Edward Snowden, the election of Donald Trump changes everything. The stunning new reality, and the threat it poses to Americans and non-Americans, shifts and strengthens the case for Obama to take this extraordinary step before he departs: pardoning these two most visible critics for their illegal disclosures.…   continue »