Earlier this week, the 9th Circuit Court of Appeals issued a long-awaited opinion in U.S. v.

On November 30th, the House passed H.R. 6393, the Intelligence Authorization Act for FY'17. While it remains to be seen what if anything ultimately emerges at the end of the process, I'd like to highlig...

Katherine Hawkins at the Constitution Project tweeted some good points in response to my earlier posts on Trump, interrogation, and waterboarding (here and here). One concerns the possibility that the N...

In a prior post I discussed the Trump administration's apparent interest in reviving waterboarding as an interrogation method, noted that a federal statute forbids resort to any interrogation method not ...

Editor's Note: A Trump presidency is disturbing on so many levels. One of the worst is his campaign's embrace of some of America's biggest mistakes, such as the use of torture to fight terrorism. Elizabe...

The transition to a Trump Administration is now underway. Among many other things, this likely will entail an effort to identify various executive orders issued by President Obama that President Trump wi...

Below is a copy to the Department of Justice's Responses to Frequently Asked Questions on Use of National Security Letters to Obtain Electronic Communication Transaction Records, which should be of inter...

I recently wrote an essay reflecting on the reality that nearly anyone with a life online is today subject to being hacked and having anything private become public. If the media is understandably going...

In a decision handed down today, the Fourth Circuit Court of Appeals vacated and remanded a district court decision dimissing a tort suit against CACI Premier Technology Inc., a contractor at the Abu Ghr...

Former deputy chairman of the Joint Chiefs of Staff General James "Hoss" Cartwright has been charged with making false statements regarding the leak of classified information on Stuxnet.

In the extraordinary transparency that followed Edward Snowden’s 2013 revelations, one tantalizing mystery remained: how did the NSA persist until early 2009 in querying metadata under the now-replaced s...

Benjamin Wittes flags that much of the Yahoo story is unclear, including legal arguments and the objective of the search, and further reporting from Motherboard and the Intercept further confuses the pos...