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It isn't every day that a representative of the National Security Agency gives a public speech on the agency's understanding of "Protecting Civil Liberties in a Cyber Age." So I thought I would take good...
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Steve Aftergood is reporting at Secrecy News:
The Senate Intelligence Committee is proposing to punish leaks of classified information by authorizing intelligence agencies to seize the pension benefits o...
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As part of my blood oath to spend the next few years writing on subjects other than detention, I have just released this paper on the inadequacy of privacy as a conceptual framework for regulating person...
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Josh Rogin has an intriguing post up over at the Cable, detailing an interview with HPSCI Chairman Mike Rogers (R-MI) concerning the ongoing debate regarding whether to arm the Libyan rebels. There is m...
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The major significance of the FBI's Miranda memo, in my view, having now read it, is two-fold. First, it essentially states a policy of exploiting fully the Quarles public safety exception to Miranda in ...
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Charlie Savage of the New York Times has posted the text of the FBI's new guidance on Miranda. I'll post thoughts after I've had a chance to digest it.
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The other day, Bobby posted a link to the the Second Circuit’s recent decision in Amnesty International v.
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A few thoughts worth bearing in mind in light of the FBI “guidance” memo Ben describes below and the considerable attention it is generating.
There is a tendency in this debate to conflate rules of evid...
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Evan Perez of the Wall Street Journal has this very interesting piece reporting that "New rules allow investigators to hold domestic-terror suspects longer than others without giving them a Miranda warni...
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This is the final installment in my series of posts on the post-Executive Order spree of legislation emerging from Capitol Hill. It concerns the interrogation bill introduced by Sen.
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* Amnesty International, et al. v. Clapper, et al. (2d Cir. Mar.
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This afternoon, in connection with FOIA litigation by the ACLU, the Department of Justice released this May 2004 memorandum that I wrote as head of the Office of Legal Counsel about a certain surveillanc...
