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 ...

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...

This event took place last night at Duke's Sanford School of Public Policy.

I was on the same panel as Orin at Monday's day-long hearing before the Privacy & Civil Liberties Oversight Board, and think there's a lot to commend his proposal for a statutory rule of lenity as a tool...

The President has just nominated Caroline Krass to be General Counsel of the CIA, to succeed Stephen Preston. Although late in coming, this is an excellent appointment.   Caroline is currently the Princ...

Today David Miranda, partner of Glenn Greenwald, was back at the Royal Courts of Justice to continue his suit against the home secretary and the Metropolitan police commissioner for his eight-hour, 55-mi...

As I’ve discussed previously, I am finishing a forthcoming paper on constitutional war powers and “The Power to Threaten War.”  In the meantime, the Yale Law Journal Online has published my essay, drawin...

In August 2012, thanks to YouGov, I launched my first national survey to probe more deeply about what Americans know about intelligence agencies, what they think about controversial intelligence programs...

Charles "Cully" Stimson of the Heritage Foundation writes in with these thoughts on a report Heritage has released on sexual assault in the military: In the spirit of keeping national security law devote...

So, what are we to make of claims that the NSA scandal will lead other countries to set up their own non-USA cloud?  I really can't speak to the political imperative, but this is pretty notable:  Google ...

Word has it that Edward Snowden might be willing to travel to Germany to testify to a public prosecutor or an investigating committee of the German parliament that is looking into mass surveillance.  How...

Edward Snowden's disclosures and subsequent government declassifications have prompted a wave of proposals to retool the Foreign Intelligence Surveillance Act (“FISA”). Some of these proposed revisions a...