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A win for civil libertarians does not mean a loss for data owners.
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Abu Zubaydah, a detainee held at Guantanamo, wants testimony from two former CIA contractors about his treatment at a CIA black site in connection with a criminal inquiry in Poland. The government says t...
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The Supreme Court handed down its first major decision construing the Computer Fraud and Abuse Act last week. The decision is a major victory for those of us who favor a narrow reading of the CFAA. It d...
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The Supreme Court issued a decision in Van Buren v. United States, a case involving the Computer Frauds and Abuses Act.
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The whole D.C. Circuit is set to rehear a case that could decisively determine whether foreign aliens held at Guantanamo Bay have constitutional due process rights.
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The petitioners argue that the First Amendment gives the public the right to access FISC decisions and that redactions should only serve legitimate national security interests.
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My recent article “Qualified Immunity on Appeal: An Empirical Assessment” provides the most comprehensive study to date of the resolution of qualified immunity appeals in federal court. Here’s what I fou...
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On Dec. 9, the Supreme Court heard a challenge to the constitutionality of the Federal Housing Finance Agency. The case may determine Congress’s ability to limit the president’s removal power.
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The cases center on the question: When can a U.S. company be sued for alleged human rights violations abroad under the Alien Tort Statute?
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I have an essay today in the Human Rights & International Criminal Law ICC Forum discussing what President Biden and the ICC Prosecutor should do to end the nasty conflict between the U.S. Government and...
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A preliminary analysis of the legal questions likely to be raised in the lawsuits against the Saudi crown prince.
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The arguments about the scope of the Computer Fraud and Abuse Act focused on the statute’s text and purpose—and some interesting hypotheticals.
