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Last month, I had the privilege of participating in three different forums on the Snowden leaks and congressional considerations of reforming the Foreign Intelligence Surveillance Act (FISA): a hearing b...
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Now that Will Baude has outed me, I thought that perhaps I should tell Lawfare readers that for the last few months I have also been writing on a second blog, called On Labor. My co-blogger is my Harvar...
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Responding to posts by Ben Wittes, Orin Kerr, and David Cole (at Just Security), I would like to take the debate in a somewhat different direction. David makes an argument, based in part on internationa...
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Over at Just Security, David Cole rounds out our exchange on global international privacy rights. I'm going to let him have the final word here and merely link to his post as a reader service. As I think...
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While everyone is still talking about the National Security Agency, other arms of the American intelligence community are bulking up their technologies. The elusive Intelligence Advance Research Projects...
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A couple of weeks ago, I wrote this piece about the disgusting efforts of Rep. James Sensenbrenner to wash his hands of bulk metadata collection:
Reasonable people can disagree about NSA surveillance in ...
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Over at Just Security, David Cole tweaks me for a "failure of imagination" for my piece yesterday wondering what he and Kenneth Roth mean by a worldwide right of privacy: Cole writes that "[Wittes] argue...
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Here's an interesting document.
Back on October 17, the Center for National Security Studies moved before the FISA Court for public briefing in the latest application for a bulk metadata order under Sec...
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Earlier, I noted the Lavabit appeal filing in the Fourth Circuit. Today the government filed its reply brief. A summary of the argument:
Lavabit appeals a contempt order from the district court. But in...
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SecDef Chuck Hagel has sent more American troops to assist with the recovery efforts in the central Philippines. Here's The Hill.
On Iran, the New York Times editorial today expresses the paper's suppor...
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This event took place last night at Duke's Sanford School of Public Policy.
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My friend and predecessor Edwin Williamson (who served as The Legal Adviser in the George H.W.
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Over at the Guardian today, Kenneth Roth—executive director of Human Rights Watch—argues for a worldwide human right of privacy:
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President Obama will be at Arlington National Cemetery today for the Veteran's Day wreath-laying ceremony. In his weekend radio address, the President noted that the holiday demands more than a simple th...
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Bobby drew attention to yesterday's Washington Post article about the Afghan Government's release of hundreds of detainees the U.S.
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On Friday, Steve Vladeck responded to my post from last Tuesday on how a rule of lenity could help the law of national security surveillance. Here are three replies to Steve's post:
(1) Steve argues t...
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The unwinding of US detention operations in Afghanistan continues. The latest development concerns the population of some 880 Afghan detainees whom the United States has transferred to Afghan control a...
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Over the last months, the listenership of the Lawfare Podcast has risen notably. It used to be that an episode would get about 400 downloads; that's now up to a baseline of about 1,200---and sometimes mu...
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FISA reform took center stage this week: Raffaela gave us a detailed and elucidating tour of the relevant legislative plans, players, and issues. While the two main proposals share some common ground, Be...
