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Tag Archive: Surveillance

Encryption Backdoors, Vault 7, and the Jurassic Park Rule of Internet Security

Surely without a hint of irony, just a day after WikiLeaks dumped a vault-load of documents detailing the Central Intelligence Agency’s use of hacking tools and software exploits, FBI Director James Comey told an audience at a Boston College conference on cybersecurity that “[t]here is no such thing as absolute privacy in America.” Comey’s elevator pitch in support of his claim was that “there is no place outside of judicial reach,” citing the fact that even time-tested testimonial privileges of the spousal, clergy–penitent, and attorney–client sort can be pierced by judges in “appropriate” circumstances.…   continue »

It Ain’t Easy Getting a FISA Warrant: I Was an FBI Agent and Should Know

 

In his latest round of twiplash, President Trump on Saturday leveled a very serious accusation: that President Obama had personally ordered the “tapping” of telephone lines in Trump Tower in the months leading up to the November 2016 election. His tweets (scarily) reveal more about what he believes the office of the President is capable of than the reality of what the law allows.…   continue »

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 »