On Friday Jack offered some thoughts on Evgeny Morozov's piece in the Financial Times about the broader implications of the Snowden revelations, overlooked by those intent on fitting each new leak into a...

Shortly before Christmas, counsel for Guantanamo detainee Mukhtar Yahia Naji Al Warafi filed a petition for a writ of certiorari in his habeas petition, having been denied earlier this year an en banc re...

When President Obama signed the NDAA of 2014 yesterday, the Act did not include the amendment to the Anti-Terrorism Act, about which I posted earlier this month that would have allowed suits by non-US na...

Evgeny Morosov has an interesting piece in the FT that asks about the broader and mostly ignored implications of Snowden’s revelations about the scope of NSA surveillance.  He argues that controlling the...

Marty Lederman has a good summary of the highlights of the President’s Review Group on Intelligence and Communications Technologies at Just Security.  And he and David Cole have a lengthy post on what th...

At the heart of this month's NSA Mini-Trove are the government's most recent explanations of its now narrower claims of secrecy in two long-pending lawsuits---Jewel v. NSA and Shubert v. Obama---the narr...

On Friday, the Director of National Intelligence declassified eight documents related to NSA activities, including the bulk collection of telephony metadata. The documents---all declarations by NSA offi...

The President answered press questions this afternoon on a variety of subjects, including NSA surveillance and Edward Snowden. The Washington Post has a transcript, the most NSA-relevant bits of which I...

Pre-Snowden, the USG faced few constraints in its collection and analysis other than what the law imposed and what its large budget permitted.  Within these constraints, the USG could focus almost solely...