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The intelligence community has no set of general principles for judging the privacy impact of their programs. Some privacy scholars believe that the Fair Information Protection Principles (FIPPs) serve ...
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Earlier this Fall I wrote about how certain materials from the In Re Directives litigation before the Foreign Intelligence Surveillance Court of Review (“FISCR” or “Court”) had been declassified.
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The Office of the Director of National Intelligence is hosting an "online, interactive" Q&A today with Rebecca Richards, the NSA's point person for civil liberties and privacy. Users can submit their que...
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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:...