Wiretap

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National Counterterrorism Center Director Matthew Olsen, FBI Director James Comey, Director of National Intelligence James Clapper, CIA Director John Brennan, Defense Intelligence Agency Director Lt. Gen. Michael Flynn testify during a hearing before Senate (Select) Intelligence Committee January 29, 2014 on Capitol Hill in Washington, DC.

20 Years After the Patriot Act, America Must End Secret Law

Of the many abuses that sprung from the Patriot Act’s toxic soil, the most pernicious and enduring is the growth of secret laws. The insistence that the government must not only…
US President George W. Bush signs into law an anti-terrorism bill that expands police and surveillance powers in response to September 11 attacks on the World Trade Center and the Pentagon, 26 October 2001 in the East Room of the White House in Washington, DC. With Bush from left to right are Rep. Mike Oxley, R-OH, Sen. Orrin Hatch, R-UT, Sen Pat Leahy, D-VT, Sen. Harry Reid, D-NV, and Rep. James Sensenbrenner, R-WI.

Rethinking Surveillance on the 20th Anniversary of the Patriot Act

20 years ago, Congress enacted the PATRIOT Act. It's time to move on from that outmoded model of surveillance.
Puzzle Pieces with the American and United Kingdom flags and wires

Correcting the Record: Wiretaps, the CLOUD Act, and the US-UK Agreement

Over at Stanford CIS blog, Albert Gidari takes aim at the wiretap-related provisions in the US-UK CLOUD Act Agreement – which Peter Swire and I wrote about separately here. He…
A Carnival Cruise ship is docked at the PortMiami as the company becomes one of the first to be sued under Title III of the Helms-Burton Act at the Wilkie D. Ferguson Jr. U.S. Courthouse on May 02, 2019 in Miami, Florida.

No Oligarch Left Behind: Trump’s Title III Cuba Policy

After the Revolution, Cuba expropriated the property of U.S. nationals and Cubans, including those who (like my family) came to the United States. In May, the Trump administration…
Just Security

Beware of the Emergency Exception Loophole in the Email Privacy Act

The Email Privacy Act, which passed the House 419-0, is slated for consideration in the Senate Judiciary Committee hearing this week. The legislation updates the now 30-year old…
Just Security

Law Enforcement Online: Innovative Doesn’t Mean Illegal

Even the Wild West needed a sheriff. And today’s law enforcement agents, to be effective, need more than a Colt .45 and a gold star. Criminal actors have an increasing ability…
Just Security

The High Standard of Proof in the Encryption Debate

Since the November 13 terrorist attacks in Paris set off another around of debate about exceptional access, a lot of ink has been spilled on the subject of whether or not there…
Just Security

The Wiretap Spike at Facebook: WhatsApp With That?

Vice’s Motherboard is puzzling over a massive leap in the number of Title III wiretap orders served on Facebook during the first half of 2015: A whopping 201 (targeting 259 users)…
Just Security

The Government’s Wiretap Orders Still Don’t Add Up

Last week, I pointed out that the Administrative Office (AO) of the US Courts’ 2014 Wiretap Report numbers didn’t add up to the total number of wiretaps that AT&T, Verizon,…
Just Security

Wiretap Numbers Don’t Add Up

Last week, the Administrative Office (AO) of the US Courts published the 2014 Wiretap Report, an annual report to Congress concerning intercepted wire, oral, or electronic communications…
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