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On "Going Dark"
Today’s Washington Post piece by Ellen Nakashima speaks of "going dark"---or the "growing gap between the government’s legal authority and its practical ability to capture communications." The article h... -
ECHR: Poland's Role in CIA Black Site Violated Detainees' Human Rights
The European Court of Human Rights ("ECHR") today handed down a pair of judgments in long-running human rights cases brought against Poland by two U.S. terrorism detainees---Abu Zubaydah and Abd Al Rahim... -
What Exactly Was Edward Snowden's Job?
The New York Times the other day ran this story about an interview Edward Snowden gave to the Guardian in Moscow. The Guardian interview made a few waves because of Snowden's claim that NSA analysts pass... -
Progress on NSA Reform?
So reports the LA Times. Here's a short summary: As part of the deal, the intelligence community agreed to a stricter definition of the search terms the NSA may use to seek data from telephone companies... -
Jonah Force Hill: The Growth of Data Localization Post-Snowden (Lawfare Research Paper Series)
Ever since the Edward Snowden revelations began, countries outraged by U.S. intelligence practices have been batting around the idea of forcing countries to store data on their citizens within those coun... -
On Emergency U.K. Data Retention Legislation
After Edward Snowden leaked, the UK Government dripped. Or, to put it less metaphorically, a major controversy played out in the UK over the past week around the speed, tone and scope of the coalition G... -
Bringing More Due Process to CFIUS: An Overview of the D.C. Circuit's Opinion in <em>Ralls</em>
Tuesday’s opinion in Ralls v. Committee on Foreign Investment in the United States came as quite a surprise. For the first time, a federal court considered the relationship between due process, on the on... -
The Tanking of US-German Relations: A Recent History in Links
If you've been focused the last few weeks on ISIS, on Gaza, on the Iran deal, or on the Afghan elections, you might have missed the precipitous decline of U.S.-German relations that is taking place befor... -
Privacy and Power: A Reflection on the German-American Intelligence Crisis
The Germans are angry. They have been simmering since Edward Snowden’s disclosures last summer revealed the startling extent of American intelligence-gathering and data-collection activities in Europe. ... -
USG Files Opening Brief in Klayman Appeal
Yesterday the government filed its opening brief in Klayman v. Obama, in a bid to overturn D.C. District Court Judge Richard J. -
Barton Gellman on the Washington Post's NSA Story
Over at the Washington Post, reporter Barton Gellman has a lengthy article on his (and his coauthors') reporting methods and ethical choices in their recent story on the large ca -
New FOIA Bill
I'm hearing that the Senate Judiciary Committee is getting ready to consider S.2520, which contains a series of amendments to the Freedom of Information Act. I haven't studied the bill yet, but it appear...
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