Surveillance
680 Articles
The Supreme Court May Be Ready to Further Limit Warrantless Access to Communications
Yesterday, the Supreme Court heard oral argument in Carpenter v. United States, a case involving the privacy of cell phone location information. At issue is whether the government…
Don’t Fall for the Hype: How the FBI’s Use of Section 702 Surveillance Data Really Works
All the cool kids these days oppose the FBI’s so-called “backdoor search loophole,” which allows it to query information obtained under Section 702 of the Foreign Intelligence…
Episode 47 of the National Security Law Podcast: Donuts and Depth Charges
And…we’re back! Fresh off of Thanksgiving, Professor Chesney and I are (all too) fired up to discuss the latest national security law news (not to mention a bunch of stuff…
The “Backdoor Search Loophole” Isn’t Our Only Problem: The Dangers of Global Information Sharing
The upcoming expiration of Section 702 of the Foreign Intelligence Surveillance Act (FISA) has launched a fresh wave of debate on how the statute’s “backdoor search loophole”…
Flynn’s Turkish Delight: How, Why, and When He Reversed His Policy Positions on Turkey
Many commentators anticipate that Special Counsel Robert Mueller will likely indict retired lieutenant general Michael Flynn in part for the former National Security Advisor’s…
“Fixes” to Surveillance Law Could Severely Harm FBI National Security Investigations
A core national security law allowing the government to collect intelligence information—Section 702 of the Foreign Intelligence Surveillance Act—is set to expire at the end…
Episode 46 of the National Security Law Podcast: The $15 Million Dollar Man
In this week’s episode, your devoted hosts dig into a bonanza of national security law odds-and-ends. First up is an en banc decision by the Foreign Intelligence Surveillance…
The USA Liberty Act — aka Don’t Let the Constitutional be the Enemy of the Unconstitutional
The House Judiciary Committee has completed its markup of a major surveillance reform bill intended to better protect Americans’ privacy and enhance transparency. Responding…
What Took So Long: The Non-Indictment of Paul Manafort Over The Years
Last week, we learned that Paul Manafort, President Donald Trump’s campaign chairman, is under indictment for laundering millions of dollars worth of income to hide it from the…
Modernizing ECPA: We need Congressional action despite DOJ’s new gag order guidelines
On October 24, the Justice Department announced new binding guidance designed to limit the routine use of non-disclosure orders that are used to prevent tech companies from notifying…
Recap of Recent Pieces on Just Security (Oct. 28-Nov. 3)
Cybersecurity and Cyber Conflict Robert S. Taylor, Cyber, Sovereignty, and North Korea–And the Risk of Inaction Michelle Richardson and Mike Godwin, What the White House Needs…
What the White House Needs to Disclose about its Process for Revealing Cybersecurity Vulnerabilities
At a series of events earlier in October, White House Cybersecurity Coordinator Rob Joyce announced that he is preparing to release more information about the Vulnerabilities Equities…