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I testified on Wednesday before the Senate Judiciary Committee, Subcommittee on Privacy, Technology, and the Law. The hearing was on the Surveillance Transparency Act of 2013 -- a proposal by Senator Fr...
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Ben and David Cole have been having an exchange (see here and here) about a “universal right to privacy,” including a discussion about what such a right might look like. Stepping back, it is useful to u...
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Last month, I had the privilege of participating in three different forums on the Snowden leaks and congressional considerations of reforming the Foreign Intelligence Surveillance Act (FISA): a hearing b...
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Responding to posts by Ben Wittes, Orin Kerr, and David Cole (at Just Security), I would like to take the debate in a somewhat different direction. David makes an argument, based in part on internationa...
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A couple of weeks ago, I wrote this piece about the disgusting efforts of Rep. James Sensenbrenner to wash his hands of bulk metadata collection:
Reasonable people can disagree about NSA surveillance in ...
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Over at Just Security, David Cole tweaks me for a "failure of imagination" for my piece yesterday wondering what he and Kenneth Roth mean by a worldwide right of privacy: Cole writes that "[Wittes] argue...
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Here's an interesting document.
Back on October 17, the Center for National Security Studies moved before the FISA Court for public briefing in the latest application for a bulk metadata order under Sec...
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Earlier, I noted the Lavabit appeal filing in the Fourth Circuit. Today the government filed its reply brief. A summary of the argument:
Lavabit appeals a contempt order from the district court. But in...
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This event took place last night at Duke's Sanford School of Public Policy.
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On Friday, Steve Vladeck responded to my post from last Tuesday on how a rule of lenity could help the law of national security surveillance. Here are three replies to Steve's post:
(1) Steve argues t...
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I was on the same panel as Orin at Monday's day-long hearing before the Privacy & Civil Liberties Oversight Board, and think there's a lot to commend his proposal for a statutory rule of lenity as a tool...
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Today David Miranda, partner of Glenn Greenwald, was back at the Royal Courts of Justice to continue his suit against the home secretary and the Metropolitan police commissioner for his eight-hour, 55-mi...
