It is clear that the Second Circuit’s ruling that the NSA’s bulk collection of Americans’ telephone records violates Section 215 of the Patriot Act will have significant implications for the current legi...

The most interesting issue in the opinion concerns ratification of the FISC's interpretation of Section 215 by Congressional reauthorization of the Patriot Act.  I think the decision boils down to a judg...

Join Lawfare tonight from 6:00-9:00 pm at the Washington Firehouse for the first Triple Entente Beer Summit. Grab your ticket online, or pick up one at the door.

As Ben notes below, the Second Circuit has handed down its ruling in the legal challenge to the bulk telephony metadata program. I have posted a summary of the Second Circuit's ruling, together with my ...

Here's the opinion. I haven't read it yet, but will have comments when I do.

Interested in the ongoing debate over the relationship between LOAC and Human Rights Law in general, or the intersection of those bodies of law in relation to non-criminal detention in particular? You wo...

Ben flagged today that the Germans have been caught out spying on friends and allies. What makes this a story is the way the Germans responded more than a year ago when Snowden’s leaks revealed that the ...

In the last two weeks, three new reports have claimed to offer insight into this past summer’s bloody Gaza conflict. Each has been followed by a stream of articles and commentary as pundits rushed to rei...