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Government Filing in the FISC on Amicus Participation in 215 Litigation
Here's an interesting document. Back on October 17, the Center for National Security Studies moved before the FISA Court for public briefing in the latest application for a bulk metadata order under Sec... -
Lavabit -- The Government's Response
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... -
Hayden v. Gellman: "Leakers or Whistleblowers?" A Debate at Duke
This event took place last night at Duke's Sanford School of Public Policy. -
More on the Rule of Lenity: A Reply to Vladeck
On Friday, Steve Vladeck responded to my post from last Tuesday on how a rule of lenity could help the law of national security surveillance. Here are three replies to Steve's post: (1) Steve argues t... -
Lenity and the FISA Reform Endgame
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... -
David Miranda Challenges Schedule 7 Detention
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... -
Real Spies, Fake Spies, NSA, and More: What My 2012 and 2013 National Polls Reveal
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... -
Money Talks ....
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 ... -
The Rule of Lenity as a Tool to Regulate National Security Surveillance
At yesterday's hearing of the Privacy and Civil Liberties Oversight Board, I argued that a "rule of lenity" for foreign intelligence surveillance law could be a helpful way to regulate national security ... -
Snowden in Deutschland?
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... -
The Shameful Revisionism of Rep. James Sensenbrenner
Reasonable people can disagree about NSA surveillance in general and about whether Congress should authorize or forbid bulk metadata collection in particular. I have never questioned the good faith of Se... -
The Legislative Dynamics of FISA Reform
Raffaela's piece this morning offers a granular breakdown of what the major FISA reform proposals would do across a number of different axes. In reading both it and the bills it describes, I had four bri...
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