Latest in Surveillance & Privacy
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ODNI Releases FISC Primary Order Pertaining to Telephony Metadata
On Thursday, the Office of the Director of National Intelligence released the latest declassified Foreign Intelligence Surveillance Court (FISC) Primary Order on its website. The Primary Order, issued b... -
Final Version, <em>A Rule of Lenity for National Security Surveillance Law</em>
The final version of my article, A Rule of Lenity for National Security Surveillance Law, has been posted online at the Virginia Law Review website. The article advocates a new approach to FISA reform:... -
More on Pass Phrases and Fingerprints .... Gestures
Yesterday I posted a short blog on an interesting VA decision regarding the application the Fifth Amendment privilege to the question of unlocking cell phones and other devices. The short summary is tha... -
Pass Phrases Protected; Fingerprints Not -- Curiouser and Curiouser
One of the most engaging contemporary debates is about the efficacy and utility of encryption as a means of protecting privacy. I’ve written, in the past, about how encryption works and about the growing... -
Recap of Yesterday's Argument in the Section 215 Case
Below you’ll find a recap of yesterday morning’s argument in Klayman v. Obama. A three-judge panel of the D.C. Circuit yesterday considered a key challenge to the NSA’s bulk collection from telephone c... -
Oral Argument Audio in <em>Klayman v. Obama</em>
The D.C. Circuit has posted the audio in Klayman v. Obama, the Section 215 case, here. -
On Ryan Goodman's "Interrogation" of the "Parity Principle"
Over at Just Security, Ryan Goodman analyzes UN Special Rapporteur Ben Emmerson's claim that states owe the same privacy protections to non-nationals abroad as to their own citizens at home in conducting... -
On Journalists’ Claims for Immunity From Legal Accountability
I think I am unusual among former government officials in arguing that the publication of national security secrets can promote democracy and good government. Such publications are often costly, sometim... -
Toward a Different Kind of Transparency
Over the last year and a half, the intelligence community has released a significant amount of previously classified material in an effort to be more transparent regarding matters pertaining to foreign i... -
Readings: Henry Farrell on Critics of Snowden and Greenwald
Some time back, Ben noted two stern critiques of Edward Snowden and Glenn Greenwald---one by Sean Wilentz and another by George Packer. The latter reviewed Greenwald's book, No Place to Hide; ditto Micha... -
A Follow Up on the Postal Service Metadata Program
This morning, I posted some thoughts on a story in the New York Times about so-called "mail covers" by the Postal Service and their relationship -
Will Anyone Care About the Postal Service's Metadata Program
I'm very interested to watch how the political system responds to this New York Times story about the U.S. Postal's Service very old, sort-of-bulk metadata program. The Times reports: In a rare public ac...
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