Surveillance
680 Articles

How the Second Circuit’s Decision in Clapper Informs the Section 215 Discussion
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…

Candidates, Senators, and Surveillance: The Stakes
In the wake of the US Court of Appeals for the Second Circuit ruling that the Patriot Act’s Section 215 metadata program is illegal, former Senator (and now presidential candidate)…

The Substance of the Second Circuit on 215: Four Key Takeaways
[Cross-posted at ACSblog] Yesterday the Second Circuit declared the NSA’s bulk telephone metadata program unlawful. Specifically, it ruled that it was unauthorized by section…

[UPDATED with details and analysis] BREAKING: Second Circuit rules that Section 215 does not authorize telephony bulk collection program
[UPDATED] The opinion is here. Judge Sack’s concurring opinion is here. Because the court rules on statutory grounds, it does not reach the Fourth Amendment questions.…

USA Freedom and the Surveillance Reform That Almost Was
Committee markups can be a dry affair, an opportunity for political showboating, or both. Yesterday’s markup of the USA Freedom Act in the House Judiciary Committee was neither.…

The Intelligence Time Machine
On Tuesday, members in the House and Senate introduced new versions of the USA Freedom Act that would prohibit bulk collection of records under Section 215 of the Patriot Act,…

The Minimalist Surveillance Reforms of USA Freedom
On April 30, the House Judiciary Committee will take up a warmed-over version of last year’s USA Freedom Act. The committee has offered a rather optimistic claim of the surveillance…

Encryption, Anonymity, and the “Right to Science”
“The right to science is sometimes considered a prerequisite for the realization of a number of other human rights.” – Farida Shaheed, UN Special Rapporteur on the field…

Senator McConnell’s Modest Proposal to Reform Section 215: Don’t!
With only 14 legislative days remaining (in the House, anyway) before Section 215 of the USA PATRIOT Act (which the government argues, and the Foreign Intelligence Surveillance…

Just Security’s Guide to the 2016 Presidential Candidates and National Security
The 2016 presidential election is more than 18 months away, but the races are already heating up with Ted Cruz, Marco Rubio, Rand Paul, and Hillary Clinton in the running so far.…

Rethinking How We Wage the Forever War
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…

More on Flawed Research and Flawed Counterterrorism Policies
I want to concur with the thoughtful views articulated by Michael German last week addressing terrorism and counterterrorism research. Having spent twenty years working and researching…