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Talk Shows this Week on FISA
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House Passes USA Freedom Act
Likely you've heard about the 338-to-88 vote; here's a report from the New York Times: WASHINGTON — The House on Wednesday overwhelmingly approved legislation to end the federal government’s bulk colle... -
An Alternative Approach to 215 for the Senate
Without getting into all the different angles and arguments that are currently being made, this post is intended to offer an alternative way forward for Members of Congress that support aspects of the US... -
Today: House Votes on USA FREEDOM Act
The full U.S. House of Representatives is scheduled to consider H.R. -
Surveillance Reform: Privacy Board Turns to E.O. 12,333
The Privacy and Civil Liberties Oversight Board is holding its first public meeting outside Washington at Philadelphia’s National Constitution Center to examine surveillance activities under E.O. 12,333 ... -
PCLOB Public Meeting on 12333 Counterterrorism Activities
The proceedings will get underway at 10:15 a.m., at the National Constitution Center in Philadelphia. Witness testimony and other information can be found here; streaming video is below, too. -
Senators’ Questionable Claims about NSA Bulk Collection
On May 7th, 2015, the Second Circuit issued a ruling that declared the NSA’s bulk collection of Americans’ phone records was clearly unlawful under the Section 215 of the PATRIOT Act. The ruling provided... -
A Further Note on the Second Circuit, the DC Circuit, and Section 215
On Saturday, in writing about the Second Circuit's 215 decision, I mentioned the DC Circuit's pending Klayman case and its capacity to throw a wrench into the current debate: "Yes, it is possible---likel... -
Philip B. Heymann: An Essay on Domestic Surveillance (Lawfare Research Paper Series)
Lawfare is pleased to announce the publication of a new -- and timely -- paper in the Lawfare Research Paper Series: An Essay on Domestic Surveillance, by Philip B. Heymann, law professor at Harvard Law ... -
"Reasonable Search" or "Reasonable Expectation of Privacy:" A Brief Reply to Orin Kerr on the 2nd Circuit's Decision
Thursday's 2nd Circuit decision striking down 215 ends with a brief, and unresolved, rumination on the impact explicit congressional authorization might have on a 4th Amendment analysis---if and when suc... -
A Few Thoughts on the Second Circuit's 215 Decision and Its Importance
From day one of the Snowden revelations, we all knew that the legal validity of the 215 program hinged ultimately on the capaciousness of a single word: "relevant." Even those of us who generally support... -
A Reader's Two Questions About the 215 Opinion
A reader familiar with surveillance matters writes in with these two questions about yesterday's opinion from the Second Circuit: 1) The opinion seems to turn on the Court's belief that either not enoug...
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