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U.S. Notifies Criminal Defendant of Its Intention To Use FISA Information Against Him
In what could be a consequential move, federal prosecutors this week informed a man accused of providing material support to the Islamic Jihad Union ("IJU") that they intend to "offer into evidence or ot... -
Lisa Monaco in USA Today on Intelligence Review
White House counterterrorism adviser Lisa Monaco has a piece in USA Today on NSA surveillance matters. The key paragraph: All three branches of government play a role in overseeing our intelligence activ... -
Dispatch from Berlin on a Diplomatic Disaster
A diplomatic disaster for the United States is currently unfolding in Berlin. The revelation that the NSA may have monitored cell phone conversations and text messages of Chancellor Angela Merkel has led... -
Reforming the NSA Surveillance Programs – The Testimony I Would Have Given
The House Permanent Select Committee on Intelligence was to have had a hearing today on proposed reforms to the NSA surveillance programs. I was invited as a witness on a panel with Steve Bradbury and S... -
Madison's Vacillations---and Ours
As part of our work on a chapter for an upcoming book on Madisonian thought and contemporary public policy, Ben and I wrote this piece for Security States about James Madison's vacillations on executive ... -
The Solicitor General Responds to an EPIC Mandamus Effort
Having gained no purchase in federal district courts in countering NSA's telephony metadata program, privacy activists are attempting a different strategy: taking the fight directly to the United States ... -
"For the Rest of Time" -- Really?
How long will the enhanced security state in America last? Apparently, some think it will be "for the rest of time." That has to be wrong. As readers of this blog know, I live on Capitol Hill and walk... -
We Robot 2014 - Call for Presentation Proposals (Including on National Security Topics)
For reasons that won’t surprise anyone, Lawfare deals a lot with automation and robotic technologies, ranging from cyber to big data to military robotics. So readers might be interested to learn of next... -
Two Noteworthy Features of the Most Recent 215 Ruling
As Ben noted, the Foreign Intelligence Surveillance Court (FISC) has redacted and made available another memorandum and primary order dealing with Section 215 telephone metadata collection. Two things s... -
New FISA Court Opinion on Bulk Data Under Section 215
Get yer copies of the memorandum and primary order here. (Other less interesting documents here and here.) I'll write up my thoughts as soon as I have any. -
A Very Brief Reply to Steve Vladeck
Let’s clear away the underbrush: The buried lede in Judge Walton’s letter of July 29---which is the one that matters---is the comparison of FISA scrutiny to that of district courts assessing Title III wa... -
Two FISA Data Questions for Joel Brenner
Although Joel's post from last night cites the wrong letter from Judge Walton to Senators Leahy and Grassley, this week's letter, which definitely does not bury the lede, does provide significant data on...
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