Surveillance

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Just Security

Why We Need to Reevaluate How We Share Intelligence Data With Allies

Last week, Canadians learned that their foreign signals intelligence agency, the Communications Security Establishment (CSE), had improperly shared information with their American,…
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Cryptopanic and James Comey’s Xanatos Gambit

For the past year or so I’ve been part of a cybersecurity working group at Harvard’s Berkman Center that on Monday released its first public report, Don’t Panic: Making Progress…
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Moving Beyond the “Going Dark” Frame

For more than a year now, this site has posted dozens of articles critiquing the US government’s claims that it needs a method of accessing encrypted digital communications…
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The Way Forward for Surveillance Reform Can Balance Human Rights and Government Needs

The fall of 2015 was marked by two key developments in the debate about laws on communications surveillance and the right to privacy. First, on October 6, the EU Court of Justice…
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The European Court of Human Rights Constrains Mass Surveillance (Again)

In a decision that may someday be considered the penultimate nail in the coffin that European courts have been building for mass surveillance, the European Court of Human Rights…
Just Security

USA Freedom: The Rubber Meets the Road

The National Security Agency has released its Transparency Report on the implementation of the USA Freedom Act — as well as the minimization procedures to be used for the new…
Just Security

Settlement of NYPD Muslim Surveillance Lawsuits: A Platform for Better Oversight

Last week, the City of New York agreed to settle two federal lawsuits challenging the NYPD’s surveillance of American Muslims, promising to reform the rules that govern how the…
Just Security

Content Is Content, No Matter How Small

Recently, Orin Kerr and I had a brief conversation on Twitter regarding the Fourth Amendment and the content/non-content distinction. Specifically, Orin asked those of us who subscribe…
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Congress Squawks as Surveillance Chickens Come Home to Roost

A year that has alternated between major surveillance reforms and calls for new spying laws in the wake of ISIS attacks is set to close with a pendulum swing back against NSA surveillance…
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Ten National Security Oversight Issues to Watch in 2016

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…
Just Security

The “Snooper’s Charter” and Judicial Oversight

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…
Just Security

OmniCISA Pits DHS Against the FCC and FTC on User Privacy

On Friday, Congress will vote on a mutated version of security threat sharing legislation that had previously passed through the House and Senate. These earlier versions would…
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