Surveillance

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The Constitutionality of a FISA “Special Advocate”

The Privacy and Civil Liberties Oversight Board (PCLOB) is holding a day-long hearing today on possible reforms to the NSA’s surveillance activities—especially those conducted…
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PCLOB Hearing on NSA Review

Today the Privacy and Civil Liberties Oversight Board (PCLOB) is holding a public hearing on recommended changes to surveillance programs authorized under the USA PATRIOT Act and…
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We Are All Foreign Nationals — Even Orin Kerr

The always thought-provoking Orin Kerr has responded, on Lawfare, to my plea here for respecting the privacy rights of foreign nationals.  Kerr finds my arguments unpersuasive,…
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Steve Vladeck Mention on Colbert Report

[Editorial note: Earlier this week, Co-Editor-in-Chief Steve Vladeck testified during the House Permanent Select Committee on Intelligence’s open hearing on the NSA and FISA…
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Trick or Treat?: New FISA “Reform” Legislation Passes Senate Intelligence Committee

Earlier this week, Sen. Dianne Feinstein expressed outrage that “the Senate Intelligence Committee was not satisfactorily informed” of the NSA’s surveillance…
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La Plus Ça Change: A Look Back at Intelligence Gathering Reform

“To understand the past in order to better propose guidance for the future” -Church Commission (1976) Today’s report that the NSA has been tapping into Google and Yahoo data…
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On Trees Falling Silently in Oversight Forests: Three Reflections on Yesterday’s HPSCI Hearing

Although it’s been overtaken by subsequent events, I thought I’d post some reflections on yesterday’s rare open hearing before the House Permanent Select Committee…
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A “Hardy Perennial”: US Intelligence Operations Targeting Foreign Leaders

At Tuesday’s House Intelligence Committee hearing, Director of National Intelligence James Clapper said, it is a “hardy perennial as long as I have been in the intelligence…
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Live Feed of HPSCI Hearing on Potential Changes to FISA [Update: hearing now complete]

[Update (5:15 pm): The HPSCI Hearing on Potential Changes to FISA is now complete.  Recorded video of the hearing testimony is provided below in two parts, due to the length of…
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We Are All Foreigners: NSA Spying and the Rights of Others

The New York Times reports today that President Obama is expected to ban eavesdropping on the phones of our allies’ presidents and prime ministers.  There is no indication,…
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My Written Statement for Tomorrow’s HPSCI “NSA Programs” Hearing

Tomorrow afternoon beginning at 1:30, the House Permanent Select Committee on Intelligence (“HPSCI”) is holding a rare open hearing, the subject of which is “NSA…
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Latest Round of Briefing in ACLU v. Clapper “Telephony Records Program” Case

The ACLU and the Government filed their reply briefs today on their respective motions in the Section 215 “Telephony Records Program” litigation in the Southern District…
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