While NSA critics including David Cole have asserted that the Section 702 program is inconsistent with international privacy norms, the reality is far more complex.  As I explain in a forthcoming Fordham...

I am not sure why this is a big deal, my knowledge of the British legal system being less than fulsome, but a British barrister has written a legal opinion calling into question large swaths of surveilla...

. . . nominated for a Nobel Peace Prize.

Speaking of agency general counsels (as I did in my post yesterday morning about the appointment of Jim Baker as FBI General Counsel), many foreign governments are wondering when President Obama will nom...

What harm has Edward Snowden done to his country? When Snowden asserts that the National Security Agency listens to encrypted Russian diplomatic traffic, it takes the Russians about twenty minutes to sh...

FBI Director Jim Comey has appointed Jim Baker as FBI General Counsel.  This is an outstanding appointment.  The announcement is here. Jim Baker is one of the most experienced and conscientious intellig...

Over at the New Republic, Sean Wilentz has this fascinating long piece about the ideologies of Edward Snowden, Julian Assange, and Glenn Greenwald.

Yesterday, I had the pleasure of recording a podcast discussion organized by the National Constitution Center on NSA, the President's speech on Friday, and the Review Group report. My interlocutor was Pe...

The estimable Gregory Johnsen has a lengthy article in Buzzfeed about the history of the AUMF. Entitled "60 Words and War Without End: The Untold Story of the Most Dangerous Sentence in U.S. History," th...

In his excellent analysis of the President's NSA speech and PPD-28, Ben suggests that there is less than meets the eye to the President's promise not to listen in on the conversations of foreign leaders ...

President Obama's speech on Friday and its accompanying Presidential Policy Directive (PDD-28) cover a lot of ground, announce a bunch of reforms, announce plans and direction for more, and kick still ot...

Yesterday’s New York Times editorial about the President’s speech faults the President for failing to give credit to Edward Snowden: One of his biggest lapses was his refusal to acknowledge that his enti...