Latest in Surveillance & Privacy
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Agreeing---Sort Of---with Both Carrie and Steve on FISA
I find myself sympathetic to both Carrie and Steve on FISA oversight. -
Moving Beyond the NSA's Reach
As noted in the roundup, Lavabit is in the news again as one of two popular encrypted email services to shut down last Thursday. The company first made headlines back in July, when Edward Snowden used hi... -
Defriending FISA: A Response to Carrie Cordero
The central theme of Carrie's post critiquing proposals for FISA reform appears to be that there are already too many lawyers and too much oversight of how the NSA conducts "foreign intelligence surveill... -
Thoughts on the Proposals to Make FISA More Friendly
President Obama was dead-on when he said the following in his August 9th press conference: "[P]robably what's a fair criticism is my assumption that if we had checks and balances from the courts and Cong... -
The President's Surveillance Reform Initiatives: A Section-by-Section Analysis
During his press conference today (transcript here), President Obama announced a quartet of reform initiatives meant to enhance the credibility and legitimacy of NSA activities and the FISA system, both ... -
Live: POTUS Press Conference
President Obama is currently holding a press conference at which he is speaking on a range of Lawfare-relevant topics. He has announced, report the Washington Post and New York Times, proposals to reform... -
Thoughts on Yesterday's NYT NSA Story
I was sufficiently puzzled by Charlie Savage's story yesterday about NSA email monitoring that I waited a day to write anything about it. I'm still pretty puzzled by it, so I'm going to use this post to ... -
Reflections on NSA Oversight, and a Prediction That NSA Authorities (and Oversight, and Transparency) Will Expand
Last Friday I asked how NSA Director Alexander’s claim that “we can audit the actions of our people 100%” was consistent with USG uncertainty about what Snowden stole and with its claims that it was “put... -
Stern on Ackerman and the Speech and Debate Clause
The other day, Jack posted an excerpt from a Foreign Policy article by Professor Bruce Ackerman, advocating for Senator Wyden to take advantage of the Speech and Debate Clause and disclose classified inf... -
New York Times Edit: "No One Has Questioned the N.S.A.’s Role in Collecting Intelligence Overseas"
The New York Times editorial page is annoyed, though not surprised, that some politicians are trying to exploit the [embassy closure] episode by arguing that it proves the value of the National Security ... -
Encryption Keys and Surveillance
In this post I want to offer some extended thoughts on the question of encryption and its intersection with surveillance on the web. The jumping off point for this discussion is a recent article by Decl... -
Does Judicial Review of National-Security Policies Constrain or Enable the Government?
With the current controversies over the NSA's surveillance programs, I want to return to broader issues about how to think about the role of courts in the national-security area. In this area, governme...
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