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Twitter filed suit yesterday against Attorney General Eric Holder, the Department of Justice, Federal Bureau of Investigation Director James Comey, and the FBI in the District Court for the Northern Dist...
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In January 2014, the NSA’s Civil Liberties and Privacy Office (CLPO) was created. The CLPO was tasked with ensuring that civil liberties and privacy protection considerations are integrated into the NSA’...
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Last Friday plaintiffs (appellees/cross-appellants) in Klayman v. Obama filed their reply to the government's response and reply brief. The plaintiffs' new 38-page filing largely reiterates arguments fro...
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Speaking of National Security Letter (NSL) challenges: tomorrow morning Judges Ikuta, N. Randy Smith and Murguia of the Ninth Circuit will hear oral argument in In re National Security Letter, Under Seal...
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Permit me a small amount of self-promotion, with apologies. But ABA Publishing has, today, released a new book, Whistleblowers, Leaks and the Media: The First Amendment and National Security, of which I...
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You read that right: Hong Kongers have found an app that allows users to communicate without using the Internet or mobile signals.
Specifically, the Firechat app utilizes Bluetooth technology to allow u...
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Apple has encrypted its iPhone6 for real, that is, removing the backdoor for government warrants. The FBI is erupting, claiming that that this will create problems for law enforcement, raising the specte...
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Lawfare's own Ashley Deeks (University of Virginia School of Law) has released a new article, "An International Legal Framework for Surveillance," available on SSRN and forthcoming in the Virginia Journa...
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Cato Institute scholar Julian Sanchez has this lengthy interview with a podcast called Free Thoughts from libertarianism.org on the NSA controversies.
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For quite a while it has been the case that properly implemented encryption will defeat efforts to crack it (at least using current technology). Yet it has been the case for an equally long time that ver...
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I was at the National Security Agency yesterday giving a Constitution Day speech and I learned details of a shocking collection program: The government is bulk collecting all traffic on Twitter. Under a ...
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Readers likely recall that last week, documents from the In Re Directives litigation, regarding foreign intelligence surveillance directives issued to Yahoo!, were declassified.
Chief among them: a new ...