Surveillance
680 Articles
The World Doesn’t Need a “Snowden Treaty”
How to best protect privacy in cyberspace is a very difficult question. So is what role the law (domestic and international) should play in ensuring a proper balance between privacy…
What the Third Circuit Said in Hassan v. City of New York
In Hassan v. City of New York, the Third Circuit yesterday emphatically overturned a New Jersey district court, which had dismissed a challenge to the New York City Police Department’s…
Mass Surveillance and the Right to Privacy: Adding Nuance to the Schrems Case
Last week’s post by Megan Graham is certainly a welcome contribution in explaining the implications of the Max Schrems case by the European Union Court of Justice, and specifically…
Too Much Posturing and Not Enough Substance on Encryption
Obama administration officials revealed late last week that will not force technology firms to weaken digital encryption to give government greater access to user data. This is…
Adding Some Nuance on the European Court’s Safe Harbor Decision
Yesterday, the European Court of Justice (ECJ) issued a decision about European data protection laws as they relate to data transfers to the US. While there have been a number…
Chris Soghoian on Collaboration Between Lawyers, Technologists, and Policymakers
As faithful readers of our site are hopefully aware, Just Security will be celebrating its second anniversary on Monday with an event dedicated to exploring one of the most important…
Lifting the Gag Order on One NSL is Good, But It’s Just a Start
Earlier this week, the public got a look at that rare occurrence in a national security case: a court lifting a gag on the recipient of a surveillance request. On August 28, Judge…
ECPA Reform: A Primer
Last week, the Second Circuit heard oral argument in the Microsoft Ireland case (transcript). The dispute raises a number of pressing questions about the Electronic Communications…
Just Security’s Second Anniversary Event: The Going Dark Debate
Two years ago this month, Steve Vladeck, Ryan Goodman, and our extraordinary Editorial Board, launched Just Security. In celebration of two fascinating years, we are thrilled to…
DOJ’s New Stingray Policy is a Good Start, But It’s Got Problems
Last Thursday afternoon, just as we were all heading out for the Labor Day weekend, the Justice Department released new policy guidance on the use of cell-site simulator technology.…
The Difficulty With Metaphors and the Fourth Amendment
The Fourth Amendment to the US Constitution seems straightforward on its face: At its core, it tells us that our “persons, houses, papers, and effects” are to be protected…
Better Never Than Late? The D.C. Circuit’s Problematic Standing Holding in Klayman
This morning, nearly 10 months after it was argued, the D.C. Circuit finally handed down its decision in Obama v. Klayman—the government’s appeal of Judge Leon’s December…