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My Speech at ODNI Legal Conference: "Toward Greater Transparency of National Security Legal Work"
I was honored to be invited to give a keynote speech at an Intelligence Community legal conference last Wednesday, May 6. The speech was entitled Toward Greater Transparency of National Security Legal W... -
Hersh's Account of the Bin Laden Raid is Journalistic Malpractice
When a journalist writes a tell-all story about a classified operation, and he suspects the story will catalyze anti-American anger, provide fuel for terrorist groups, and cause severe friction with fore... -
20 Senior Former CIA Officials Criticize NYT For Publishing Names of Covert Operatives
Twenty senior former CIA officials—including every CIA Director (including DCIs) dating back to William Webster (1987-91)—wrote a letter to the NYT to take issue with NYT Executive Editor Dean Baquet’s d... -
Senators’ Questionable Claims about NSA Bulk Collection
On May 7th, 2015, the Second Circuit issued a ruling that declared the NSA’s bulk collection of Americans’ phone records was clearly unlawful under the Section 215 of the PATRIOT Act. The ruling provided... -
A Further Note on the Second Circuit, the DC Circuit, and Section 215
On Saturday, in writing about the Second Circuit's 215 decision, I mentioned the DC Circuit's pending Klayman case and its capacity to throw a wrench into the current debate: "Yes, it is possible---likel... -
Philip B. Heymann: An Essay on Domestic Surveillance (Lawfare Research Paper Series)
Lawfare is pleased to announce the publication of a new -- and timely -- paper in the Lawfare Research Paper Series: An Essay on Domestic Surveillance, by Philip B. Heymann, law professor at Harvard Law ... -
"Reasonable Search" or "Reasonable Expectation of Privacy:" A Brief Reply to Orin Kerr on the 2nd Circuit's Decision
Thursday's 2nd Circuit decision striking down 215 ends with a brief, and unresolved, rumination on the impact explicit congressional authorization might have on a 4th Amendment analysis---if and when suc... -
A Few Thoughts on the Second Circuit's 215 Decision and Its Importance
From day one of the Snowden revelations, we all knew that the legal validity of the 215 program hinged ultimately on the capaciousness of a single word: "relevant." Even those of us who generally support... -
A Reader's Two Questions About the 215 Opinion
A reader familiar with surveillance matters writes in with these two questions about yesterday's opinion from the Second Circuit: 1) The opinion seems to turn on the Court's belief that either not enoug... -
How the Second Circuit’s Decision Changes the Legislative Game
It is clear that the Second Circuit’s ruling that the NSA’s bulk collection of Americans’ telephone records violates Section 215 of the Patriot Act will have significant implications for the current legi... -
On the Second Circuit's Section 215 Decision
The most interesting issue in the opinion concerns ratification of the FISC's interpretation of Section 215 by Congressional reauthorization of the Patriot Act. I think the decision boils down to a judg... -
My Take on the Second Circuit's Section 215 Opinion
As Ben notes below, the Second Circuit has handed down its ruling in the legal challenge to the bulk telephony metadata program. I have posted a summary of the Second Circuit's ruling, together with my ...
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