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Two pieces in the news worth noting on the issue of secrecy v. transparency in the U.S. intelligence world.
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Despite the government shutdown, the Senate Judiciary Committee is moving forward with its planned hearing on FISA.
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Here's a new addition to the Lawfare Wiki Document Library: A set of resources on this year's FISA leaks and declassifications. Our amazing intern, Nicholas Basciano, is still working it---so please emai...
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Tuesday’s oral argument in the New York Times and American Civil Liberties Union’s Freedom of Information Act cases before the Second Circuit Court of Appeals spent as much time clarifying the basic issu...
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For those readers who missed our experiment with live webcast programming through the West LegalEdcenter, here's your second chance.
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Just one thing to add to Matt’s preview of tomorrow’s big FOIA argument in the Second Circuit. A few weeks ago the Second Circuit sent the parties this intriguing letter:
Dear Counsel:
The panel in the...
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Last month I wrote about a “hard-to-justify” leak concerning USG infiltration of the communication channels of senior al Qaeda leaders, and affiliate leaders:
[I]f the story is accurate and not authorize...
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A three-judge panel of the Second Circuit Court of Appeals will convene tomorrow afternoon to hear arguments in a case challenging the government’s ability to withhold records pertaining to its targeted ...
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Over the Volokh Conspiracy, Orin Kerr has this to say about David Kris's paper, "On the Bulk Collection of Tangible Things," which we published yesterday and which Kerr describes as "hugely helpful":
Kri...
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My fellow Americans, we have achieved a major victory in the War on Law Reviews. I’m thrilled to announce the next paper in Lawfare Research Paper Series: David Kris’s “On the Bulk Collection of Tangible...
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Mark Klamberg of Uppsala University Department of Law in Sweden writes in with the following guest post on European laws governing metadata collection and how it compares with U.S. law on the subject. It...