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No big surprise here: the government, in the D.D.C., and the ACLU, in the S.D.N.Y., have filed their notices of appeal in two cases, Klayman v.
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Today, a three-judge panel of the D.C. Circuit rejected an important Freedom of Information Act ("FOIA") lawsuit brought by the Electronic Frontier Foundation. The group had sought disclosure of a 2010 ...
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Yesterday, I raised issues regarding the review group’s process and deliberations. Today’s post focuses on several of the major themes of the report. Tomorrow’s third, and final, post will address what m...
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I confess that I was not expecting the first response to my posts analyzing the Review Group recommendations would be one accusing me of going soft on the Review Group. But today, Stewart Baker, former N...
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Over the past week and a half, writers on this site have provided comprehensive and detailed summaries of the surveillance review group report, along with some observations and assessments, as well as sh...
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In Parts I and II of this series, I focused on the Review Group recommendations from Chapter III of the group's report. Starting in this post, I turn to the recommendations of Chapter IV, which deal with...
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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...
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As Raffaela reported, on Friday Judge William H. Pauley III of the Southern District of New York held that bulk telephony metadata collection under Section 215 of the PATRIOT Act is lawful, and therefore...
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Having now read Judge William Pauley's opinion in ACLU v. Clapper, I am largely, though not completely, in agreement with Peter Margulies's assessment of the matter. The opinion is a useful corrective to...
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Friday’s ruling by S.D.N.Y. judge William H. Pauley in Clapper is a welcome corrective to the anti-metadata clamor triggered by Judge Leon’s Klayman opinion and the President’s Review Group Report. Whil...
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In response to the government's brief, counsel for the Plaintiffs in Al Laithi v. Rumsfeld et. al. filed a reply brief on Dec. 18th. (The Plaintiffs---all former Guantanamo detainees---allege various a...