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Motions to Televise Oral Argument in Klayman v. Obama
Last week appellees in Klayman v. Obama filed a motion for the court's leave to televise the oral argument, scheduled for November 4, 2014. The D.C. -
In Re Directives Documents Released
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The Legal Justifications For Domestic Surveillance: A Summary
Late last week, the Department of Justice released two memos authored by Lawfare's own Jack Goldsmith back when he was the head of the Office of Legal Counsel ("OLC") in the Bush Administration. The memo... -
FISCR: Stay Tuned for Declassified Version of 2008 Directives Opinion
The Foreign Intelligence Court of Review ("FISCR") issued this order today. It concerns the FISC's 2008 opinion in In Re Directives, an appeal brought by Yahoo! and regarding directives for warrantless e... -
Regulating Foreign Surveillance Through International Law
This Friday, the U.N. Human Rights Council will hold a session to discuss the right to privacy in the digital age. The Council is considering these issues in the wake of a General Assembly Resolution ado... -
DOJ Declassifies Memos On Domestic Surveillance Program
The Department of Justice recently released two Office of Legal Counsel opinions by Lawfare's own Jack Goldsmith from 2004. The first memo provides a lengthy and at times heavily-redacted justification f... -
Cyborgs! Law and Policy Implications
And now for something completely different: Cyborgs. No, this is not a joke. For years, certain technology enthusiasts have floated variations on the question of whether we are becoming cyborgs---or alre... -
DOJ AND ODNI Support Leahy NSA Reform Bill
It looks like it's time for Lawfare to update an old post of ours, "Who is Saying What about the Leahy Surveillance Bill." On September 2, Attorney General Eric Holder and Director of National Intellig... -
Thoughts on the CA2 Argument on Section 215 in <em>ACLU v. Clapper</em>
I just finished watching the video of the Second Circuit's argument in ACLU v. Clapper, the challenge to Section 215. Here are a few impressions. While I don't have a strong sense of how the court will... -
NSA's Anne Neuberger Speaks at Long Now Foundation
The National Security Agency's Anne Neuberger, the director of the NSA’s Commercial Solutions Center, gave this seminar recently at the Long Now Foundation. Full video is available at the web site. Here'... -
Video of CA2 Argument In Section 215 Case Posted
You can watch the video of the argument in ACLU v. Clapper here. The argument goes almost two hours. C-SPAN did a nice job with the video, so it's a pleasure to watch. I hope to have some thoughts on the... -
The Second Circuit Hears Oral Argument This Week in Challenge to Section 215 Surveillance
On Tuesday, the Second Circuit will hear oral argument in ACLU v. Clapper, one of the cases challenging the Section 215 bulk telephony metadata program. The Second Circuit is reviewing Judge Pauley's dec...
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