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Al Laithi Reply Brief Before the D.C. Circuit: Defining the Scope of Employment
In response to the government's brief, counsel for the Plaintiffs in Al Laithi v. Rumsfeld et. al. filed a reply brief on Dec. 18th. (The Plaintiffs---all former Guantanamo detainees---allege various a... -
Morosov on the Significance of Snowden
Evgeny Morosov has an interesting piece in the FT that asks about the broader and mostly ignored implications of Snowden’s revelations about the scope of NSA surveillance. He argues that controlling the... -
Cole and Lederman, and Morell, on Review Group Report
Marty Lederman has a good summary of the highlights of the President’s Review Group on Intelligence and Communications Technologies at Just Security. And he and David Cole have a lengthy post on what th... -
December NSA Mini-Trove: Clapper and Fleisch on Secrecy Claims Post-Snowden
At the heart of this month's NSA Mini-Trove are the government's most recent explanations of its now narrower claims of secrecy in two long-pending lawsuits---Jewel v. NSA and Shubert v. Obama---the narr... -
A December NSA Mini-Trove
On Friday, the Director of National Intelligence declassified eight documents related to NSA activities, including the bulk collection of telephony metadata. The documents---all declarations by NSA offi... -
Excerpts of POTUS Press Conference On, Among Other Things, NSA Surveillance
The President answered press questions this afternoon on a variety of subjects, including NSA surveillance and Edward Snowden. The Washington Post has a transcript, the most NSA-relevant bits of which I... -
40,000 Foot Reactions to President’s Review Group Report and Recommendations
Pre-Snowden, the USG faced few constraints in its collection and analysis other than what the law imposed and what its large budget permitted. Within these constraints, the USG could focus almost solely... -
A Fruitcake of a Report
The Report of the President’s Review Group on Intelligence and Communications Technologies is, like many such reports, a fruitcake. It’s chock full of tasty cherries---and other bits that are nuts. You h... -
Desperately Seeking Substance (Not Slogans) in Review Group Report on NSA Surveillance
While the Report of the President’s Review Group (see Ritika’s post here and Ben’s here) has already generated classic Washington-style buzz because of its criticism of the NSA’s bulk collection of metad... -
President's Surveillance Review Panel Releases Findings
The Report and Recommendations of the President's Review Group on Intelligence and Communications Technologies has been released. The panel consists of the following members: Richard A. Clarke Michael J... -
Three Unrelated Tidbits on the NSA and <em>Klayman v. Obama</em>
Obviously, there's a lot to say about Monday's decision by Judge Leon granting a preliminary injunction against the NSA's telephone metadata program and then staying that decision pending appeal. -
Krass on Numerous National Security Law Issues
Caroline Krass had her confirmation hearings today before SSCI to become General Counsel of CIA. Krass is, in my opinion, wildly qualified for the job, and I hope her confirmation process goes smoothly ...
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