Latest in Surveillance & Privacy
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The Eleventh Hour Litigation Over Section 215
You might have thought the judicial wrangling over the Section 215 program would end now that Congress had passed the USA Freedom Act winding down the program and replacing it—particularly now that the n... -
Not Especially "Edgy" and Not a "Secret New Power"
The foreign-to-foreign communications exemption to FISA is not especially "edgy" and not especially "secret." -
D.C. District Court Issues Injunction in Klayman v. Obama
Judge Richard Leon of the U.S. District Court for the District of Columbia has issued an injunction against the NSA's bulk metadata collection program in his ruling in Klayman v. Obama, ruling that the p... -
Final Thoughts on Reforming Surveillance and European Privacy Rules
Although it is a close call, the decision of the Court of Justice of the European Union (CJEU) in Schrems v. Data Protection Commissioner may turn out to be the most important consequence of the Snowden ... -
United States v. Dreyer: Suppression of Evidence Not Needed to Deter Future Violations of the Posse Comitatus Act
In an en banc decision issued yesterday, the Ninth Circuit ruled that an NCIS agent’s use of a software query to search military and civilian computers throughout Washington state for child pornography v... -
The Triumph of the UK Surveillance State
The United Kingdom is a surveillance state, one far beyond the world envisioned by George Orwell. Between the GCHQ's efforts to bulk-record Internet traffic at the UK's borders, the modern data collected... -
Is Digital Injury “Real” Injury? Thoughts on Spokeo v. Robins
Last week, Ingrid Wuerth flagged Spokeo, Inc. v. Robins for Lawfare readers as one of the key national security law cases of the Supreme Court’s October 2015 Term. The Court held argument in Spokeo on Mo... -
Understanding the Deeper History of FISA and 702: Charlie Savage's Power Wars on Fiber Optic Cables and Transit Authority
In this post, I want to focus on a narrow slice of Charlie Savage's much-anticipated book Power Wars (published today...go ahead, order it now!), one that might not generate as much attention as the mate... -
CA2 Denies Injunctive Relief in ACLU v. Clapper
This morning, the Court of Appeals for the Second Circuit in ACLU v. Clapper declined to issue a preliminary injunction halting NSA's bulk collection under Section 215 of the PATRIOT Act as authorized b... -
U.S. Law Students' Chance to Shape Privacy Law and Expose European Hypocrisy
Many of us on this side of the Atlantic have believed for a long time that citizens’ data is protected as well or better from government access in the United States than it is in Europe, notwithstanding... -
More on Standing As a Barrier to Surveillance Challenges: Bug or Feature?
As I explained in my last post, American constitutional law requires that plaintiffs show they have been the subject of surveillance in order to establish standing to challenge intelligence programs in c... -
EDNY Hearing on Encryption Case
Attorneys from Apple and the Department of Justice spoke yesterday before Judge James Orenstein of the District Court for the Eastern District of New York at a hearing on a high-profile case regarding en...
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