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An Alternative to Rep. Schiff's Proposal for a FISA Special Advocate
On September 20th, Representative Adam Schiff (D-CA), a senior member of the House Permanent Select Committee on Intelligence, proposed legislation that would amend the Foreign Intelligence Surveillance ... -
Constitution Day Event at Georgetown on Surveillance Law
I was honored to moderate a panel at Georgetown Law on Constitution Day, entitled "A Constitutional Conversation: The Foreign Intelligence Surveillance Act in a Digital Era." The panel, composed of Geor... -
Former FBI Agent to Plead Guilty in AP Leaks Case
That's the sum and substance of this Washington Post piece, which begins: A former FBI bomb technician who later worked as a contractor for the Bureau has agreed to plead guilty to disclosing national de... -
Baker on Cybersecurity Post-Snowden
James A. -
Alexander and Inglis Letter to the “NSA/CSS Family,” and the USG's Unconscionably Weak Defense of NSA
Kevin Gosztola at Firedoglake has a copy of a two-page letter from NSA Director Gen. -
West LegalEdcenter Webcast: "The NSA Disclosures: What Do We Really Know Now?"
We are doing an experiment on Thursday with the West LegalEdcenter: A lunchtime educational webcast entitled: "The NSA Disclosures: What Do We Really Know Now?" In our readership survey earlier this yea... -
Oral Argument Preview: The Bagram Habeas Petitions
The question before a three-judge panel of the D.C. Circuit Tuesday morning: can a group of detainees held by the United States at Bagram airfield, in Afghanistan, challenge their detentions by petitioni... -
The Latest NSA Documents VI: Non-Compliance Redux, With More DOJ
Next came a period of relative calm, and somewhat less wrist-slappy FISC-NSA dynamics. The respite nevertheless was short-lived, judging by the final three documents in this week’s trove of declassified... -
New FISC Opinion: ACLU Has Standing to Seek 215 Opinions in FISC, Must Pursue Some 215 Opinions in FOIA Litigation; USG to Report on Declassification of Other 215 Opinions
That is the gist of this unclassified FISC opinion, penned by U.S. District Judge F. Dennis Saylor IV, today. It resolves a motion, which was brought by the ACLU's national and Washington, D.C. -
Recriminations, Pendulum Swings, and What is Probably Happening at NSA
This is speculation. I have no hard facts or evidence to support it. But I am convinced to a moral certainty that NSA is scaling back certain collection. That is not something I say with pleasure or tri... -
The Latest NSA Documents V: the NSA Investigates Its Metadata Compliance Problems, Takes Remedial Steps, and Reports Back to the FISC
The latest installment in the NSA declassification story comprises five documents. The first is an internal NSA compliance review; the second is a court filing regarding that review. The latter also re... -
The Latest NSA Documents IV: Things Get Worse
The next key date in the metadata saga was February 26, 2009---that is, about a month after the government initially had apprised the court of a violation of the its procedures for querying collected met...
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