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I recently posted a new draft article on FISA reform, A Rule of Lenity for National Security Surveillance Law, forthcoming in the Virginia Law Review. Here's the abstract:
This essay argues that Congr...
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On Friday I said that on a quick read, the Obama administration’s new pre-publication review policy seemed "overbroad to the point of practically unenforceable.” Friday afternoon, as Marty Lederman not...
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Charlie Savage reports:
The Obama administration is clamping down on a technique that government officials have long used to join in public discussions of well-known but technically still-secret informat...
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IC on the Record released this important announcement and new trove of declassified documents:
DNI Announces the Release of Additional Documents Related to Collection Activities Authorized by President G...
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The resolution at this Munk Debate in Toronto is "Be it resolved state surveillance is a legitimate defense of our freedoms." Supporting the motion are former CIA and NSA director Michael Hayden and Harv...
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A very interesting article in Der Spiegel about U.S.-German relations, the NSA investigation, and Ukraine in light of Angela Merkel's recent trip to Washington. The bottom line is that the Ukraine crisis...
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Stewart Baker began this week's Steptoe Cyberlaw Podcast---which always opens with the week's NSA news---by noting that there was virtually no NSA news this week. That which did exist, moreover, was not ...
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The Office of the Director of National Intelligence last week publicly released a new Intelligence Community Directive (ICD 119) establishing policies for contacts between the media and personnel inside ...
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As Ritika noted, White House Cybersecurity Coordinator Michael Daniel today announced some aspects of the government’s policy on disclosing cyber vulnerabilities.
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Now available: a six-strong batch of
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What follows is a quick recap on the status of FISA transparency reporting (most of this was news in late January but is summarized here with some useful links) along with a couple of observations on wha...
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My Brookings colleague, sometime coauthor, and Lawfare's Foreign Policy Editor, Daniel Byman, and I have written a lengthy article Foreign Affairs, on NSA matters.
