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I have now read through Judge Richard Leon's opinion enjoining bulk metadata collection under Section 215 of the Patriot Act. It's an odd document. For one thing, it's focused on a constitutional matter ...
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Ben has already linked to Judge Leon's remarkable opinion today, holding that the NSA metadata collection program is unconstitutional. The critical passages from the opinion begin on page 43, when Judge...
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This today from Judge Richard Leon of the U.S. District Court for the District of Columbia. Judge Leon appears to have stayed his opinion pending review. I haven't read it yet. But it concludes:
In the m...
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The NSA is not exactly known for engaging with the public. The old “No Such Agency” joke more or less captured the agency’s traditional posture: the less said, the better.
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Ryan Lizza’s piece in this week’s New Yorker, “State of Deception,” is essential reading for those interested in surveillance and civil liberties. It is a gripping account of the history of the NSA tele...
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My friend Stewart Baker has likened the privacy requirements of the draft NIST framework to a "privacy tax." His fear, which has sound economic force, is that the imposition of privacy protective requir...
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It is precarious to comment on a leaked version of broad conclusions from a government report. But I think the NYT and WSJ accounts of the recommendations by the President’s Review Group on Intelligence...
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This is amusing. Over at the Skating on Stilts site, former NSA general counsel and DHS policy guru Stewart Baker has launched an award he's calling "The Coveted Golden Privy Award"---for "the stupidest,...
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At 2pm today, the Senate Judiciary Committee is will hold an oversight hearing on U.S. government surveillance authorities.
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Cheng Li’s and Ryan McElveen’s good post over the weekend (via Daniel Byman) sparked the following reflections on U.S. economic espionage, post-Snowden. Li and McElveen nicely summarize U.S.-Chinese rel...
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The world of massively multiplayer online role-playing games (MMORPG) just got a little weirder. This morning Mark Mazzetti and Justin Elliott of the New York Times
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Jose Aleman, Editor-in-Chief of the Stanford Journal of International Law, writes in with this seemingly quite Lawfare-relevant announcement:
As the 10th anniversary of the 9/11 Commission Report approa...