Surveillance
680 Articles
Beware of the Emergency Exception Loophole in the Email Privacy Act
The Email Privacy Act, which passed the House 419-0, is slated for consideration in the Senate Judiciary Committee hearing this week. The legislation updates the now 30-year old…
Giving Up on Cybersecurity — Strategically
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
The Early Edition: June 6, 2016
IRAQ and SYRIA Syrian troops reached the “administrative border” of Raqqa province on Saturday afternoon, under cover of Russian airstrikes. The province is home to the Islamic…
Recap of Recent Posts on Just Security (May 28–June 3)
I. Guantánamo Military Commissions Steve Vladeck, Why the D.C. Circuit Can’t Really Duck the Article III Issue in Al Bahlul (Thursday, June 2) Daphne Eviatar, Sparring Over…
Recap of Recent Posts on Just Security (May 14–20)
I. Guantánamo & ISIL Detainees Steve Vladeck, Can Detainees Plead Their Way Out of Guantánamo? (Tuesday, May 17) Jonathan Horowitz, The US’ Failure to Plan for ISIL…
The 702 Reform Debate Is Just Heating Up
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
Revelations From the Newly Declassified FISC Opinion on Section 702
Last week, the Office of the Director of National Intelligence (ODNI) declassified several Foreign Intelligence Surveillance Court (FISC) opinions from 2015. One opinion from November…
The FBI’s Warrantless Surveillance Back Door Just Opened a Little Wider
On Tuesday, the Office of the Director of National Intelligence (ODNI) released a redacted version of an opinion by Judge Thomas F. Hogan of the Foreign Intelligence Surveillance…
The Obama Administration Has Embraced Legal Theories Even Broader Than John Yoo’s
The Justice Department recently released another of the now-notorious Office of Legal Counsel memos written by John Yoo — memos that authorized torture, warrantless wiretapping,…
ODNI Response on Increased Intelligence Sharing Still Leaves Questions and Concerns
In late February, The New York Times reported that the administration was preparing to expand sharing of the mass signals intelligence collected by NSA pursuant to Executive Order…
Bye-Bye Birdie: reddit’s Warrant Canary Disappears
Sometimes, saying nothing says quite a lot. At the end of January 2015, the online bulletin board reddit issued a “transparency report” that informed its users, and the broader…
Four Takeaways From State v. Andrews
On Wednesday, an appellate court in Maryland handed down a major loss to the government, one that will send police and prosecutors back to the drawing board (or at least back to…