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I’ve been wrestling with an idea on electronic surveillance reform, and when I recently consulted with Benjamin Wittes about it, he encouraged me to post here and seek the feedback of Lawfare’s readershi...
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A while back I noted certain 9/11 defense counsel's objections to a proposed change to the CIA's policy, regarding the destruction of CIA e-mails. In August, a federal bureaucracy charged with appraising...
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On Monday, the Office of the Director of National Intelligence published a declassified oral argument transcript from critically important 2008 proceedings before the Foreign Intelligence Surveillance Co...
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The Senate yesterday buried---at least for now---surveillance reform, when Republican senators refused to allow the current draft of the measure to proceed to a vote. Glenn Greenwald has an interesting r...
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The Pew Research Internet Project has released a new public opinion study that shows exactly what you would expect the public believes about privacy, surveillance, and related matters. The study seems to...
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The New York Times' Charlie Savage has the scoop:
WASHINGTON — A treaty ban on cruel treatment will restrict how the United States may treat prisoners in certain places abroad, the Obama administration ...
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A few days after oral argument before a three-judge panel of the D.C.
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On Thursday, the Office of the Director of National Intelligence released the latest declassified Foreign Intelligence Surveillance Court (FISC) Primary Order on its website.
The Primary Order, issued b...
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The final version of my article, A Rule of Lenity for National Security Surveillance Law, has been posted online at the Virginia Law Review website. The article advocates a new approach to FISA reform:...
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The developing story of the FBI’s impersonation of journalists is, in a way, really the story of Timberline high school in Washington State. In June of 2007 Timberline had received a series of bomb threa...
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Those of you interested in the organization of the Intelligence Community may recall a major initiative launched by the Defense Intelligence Agency, in 2012, to expand the size and focus of its HUMINT co...
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Below you’ll find a recap of yesterday morning’s argument in Klayman v. Obama.
A three-judge panel of the D.C. Circuit yesterday considered a key challenge to the NSA’s bulk collection from telephone c...