The Foreign Intelligence Court of Review ("FISCR") issued this order today. It concerns the FISC's 2008 opinion in In Re Directives, an appeal brought by Yahoo! and regarding directives for warrantless e...

U.S. District Judge Marcia Cooke has re-sentenced Jose Padilla to 21 years in prison for his 2007 conviction for conspiracy to murder, kidnap, and main individuals in a foreign country; conspiracy to pr...

This Friday, the U.N. Human Rights Council will hold a session to discuss the right to privacy in the digital age. The Council is considering these issues in the wake of a General Assembly Resolution ado...

Yesterday Kevin Heller and I exchanged views on the possible sources of domestic authorization for the CIA to conduct drone strikes.

In a pair of posts (here and here), Kevin Heller at Opinio Juris explores a very interesting question: What exactly is the domestic legal foundation for the CIA’s use of lethal force given that the 2001 ...

It looks like it's time for Lawfare to update an old post of ours, "Who is Saying What about the Leahy Surveillance Bill." On September 2, Attorney General Eric Holder and Director of National Intellig...

I just finished watching the video of the Second Circuit's argument in ACLU v. Clapper, the challenge to Section 215.  Here are a few impressions. While I don't have a strong sense of how the court will...

You can watch the video of the argument in ACLU v. Clapper here. The argument goes almost two hours. C-SPAN did a nice job with the video, so it's a pleasure to watch. I hope to have some thoughts on the...

That seems to be the sum and substance of the Second Circuit's ruling today.

On Tuesday, the Second Circuit will hear oral argument in ACLU v. Clapper, one of the cases challenging the Section 215 bulk telephony metadata program. The Second Circuit is reviewing Judge Pauley's dec...