Surveillance
680 Articles
Dahlia Lithwick and Me on Why Metadata Matters
I suspect we’ll have a lot more to say about today’s oral argument in New York in the ACLU’s challenge to the government’s “telephony metadata”…
New FISC Pen Register Opinion: It’s Just a Matter of Time Before Somebody Gets Hurt
Once again, the NSA has conducted illegal spying. New documents reveal the National Security Agency’s (NSA) systemic violation of Foreign Intelligence Surveillance Court (FISC)…
The New US “Red Line” – No Privacy Rights For Foreigners
Colum Lynch has a fascinating blog at Foreign Policy based on a leaked memo reflecting the United States’ latest “redline”: that no privacy rights be recognized for foreigners…
Additional documents on telephony records collection (and much more) declassified
The government today made public more documents related to the “telephony records program,” as well as other surveillance-related documents, all of which can be accessed…
Supreme Court Denies EPIC Petition for Mandamus on the Telephony Metadata Program
Without comment or dissent. No surprise. As expected, then, the action turns to the several cases that have been filed in district court, two of which are being argued this…
Hearing in Another Surveillance Challenge Today
In previous posts I’ve discussed filings in the two most prominent challenges to the government’s “Telephony Records Program.” Things are moving along…
Creative Ambiguity – International Law’s Distant Relationship with Peacetime Spying
In all the sound and fury over “five eye” intercept programs, commentators appear so far to have paid relatively little attention to international law. This is no simple…
More on Wittes and the Rights of Others
The debate on the privacy rights of foreign nationals goes on, at least in the blogosphere. Ben Wittes responds to my post here on Lawfare today by objecting that I have not…
Making Sense of the NSA Metadata Collection Program (Part II)
In a previous post here on Just Security, I discussed the constitutionality of the National Security Agency (NSA) program that sweeps up detailed “metadata” pertaining to essentially…
The Basis for the NSA’s Call-Tracking Program Has Disappeared, If It Ever Existed [Updated]
There’s a significant discrepancy, one that deserves more attention, between what the NSA told the Foreign Intelligence Surveillance Court five years ago about the call-tracking…
Spy v. Spy?: The coming push to create an EU spy agency to counteract the NSA
In an interview on Monday, a senior EU official, Commissioner of Justice Viviane Reding unveiled, in broad brushstrokes, a proposal to create a spy agency to counteract the NSA.…
Newsweek’s Wayward Cover Story on Snowden and Chinese Cyber Hacking
Newsweek’s current cover story, “How Edward Snowden Escalated Cyber War with China” by Kurt Eichenwald, is an important read. Eichenwald makes two claims: Snowden’s impact:…