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Final Thoughts on Reforming Surveillance and European Privacy Rules
Although it is a close call, the decision of the Court of Justice of the European Union (CJEU) in Schrems v. Data Protection Commissioner may turn out to be the most important consequence of the Snowden ... -
Understanding the Deeper History of FISA and 702: Charlie Savage's Power Wars on Fiber Optic Cables and Transit Authority
In this post, I want to focus on a narrow slice of Charlie Savage's much-anticipated book Power Wars (published today...go ahead, order it now!), one that might not generate as much attention as the mate... -
Audio and Video of CIA-GW Conference on “The Ethos and Profession of Intelligence”
The other day, I was privileged to participate in the CIA and George Washington University's conference on "The Ethos and Profession of Intelligence." Here are videos and audio of all of the sessions. Th... -
Transparency in the Intelligence Community
Editors Note: This article was cross-posted with the Federalist Society On Tuesday, Director of National Intelligence Clapper announced a plan to implement a new set of transparency principles for the I... -
CA2 Denies Injunctive Relief in ACLU v. Clapper
This morning, the Court of Appeals for the Second Circuit in ACLU v. Clapper declined to issue a preliminary injunction halting NSA's bulk collection under Section 215 of the PATRIOT Act as authorized b... -
Standing, Grandstanding and NSA Surveillance
“I could tell you, but then I’d have to kill you” best explains why it is difficult to provide meaningful redress for targets of intelligence surveillance. How can anyone challenge surveillance programs ... -
From Hollywood with Love: The Case of Colonel Abel
Who doesn’t love a Russian spy? Boris Badenov loved Natasha Fatale. James Bond loved KGB Maj. Anya Amasova. Joe Biden felt a certain something for Anna Chapman, the “deep-cover” Russian spy rounded up... -
A Response to the “Drone Papers”: AUMF Targeting is a Deliberate Process with Robust Political Accountability
The Intercept’s “Drone Papers” leaker “believes the public has a right to know how the U.S. government decides to assassinate people.” Maybe so—or maybe public safety and the need for secrecy trump the p... -
Congress Should Declassify the Legislative Negotiations Over the FISA Amendments Act
On October 5, Third Way and the R Street Institute sent a joint request to the respective leaders of the House and Senate intelligence committees. The letter asks the committees to declassify records of ... -
Focusing PRISM: An Answer to European Privacy Concerns?
In my last post, I argued that surveillance reform is the only way to ensure continued data flows between the US and the European Union. In this post, I will begin to explore whether there is a practical... -
Rendition Fallout: Former CIA Officer Convicted in Absentia by Italy Possibly Arrested in Portugal
Reports are circulating that Sabrina De Sousa, a former CIA officer, has been arrested in Portugal. De Sousa was among the many CIA employees prosecuted and convicted in absentia by an Italian prosecuto... -
Surveillance Reform Is Only Hope for Reviving Safe Harbor
In my last post, I said that the European Court of Justice decision in Maximillian Schrems v. Data Protection Commission ignores some inconvenient truths. US frustrations with European double standards o...
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