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With the release of yesterday’s declassified FISA documents, the debate over whether the FISA Court is an effective check on government surveillance activities is over. Or at least it should be.
Before ...
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The one major remaining issue after Judge Bates’s November 2011 opinion involved what to with communications transactions acquired under the old minimization procedures, which Judge Bates had struck down...
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The government acted swiftly in response to Judge John D. Bates’s October 3, 2011 opinion. While it contemplated an appeal, it did not bring one. Instead, it adopted a series of alterations to the NSA’s ...
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The document that will surely capture the lion’s share of the public’s attention---and rightly so---is the October 3, 2011 FISC opinion by Judge John D. Bates, then the presiding judge of the FISC.
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Rather than starting with what I---or anyone else---think and believe about the remarkable cache of documents the intelligence community declassified yesterday, I thought we should begin with a detailed ...
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The Office of the Director of National Intelligence is declassifying a large group of important documents pertaining to NSA surveillance programs under Section 702 of FISA. I will keep updating this list...
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In connection with the annual South-by-Southwest Interactive (SXSWi) conference here in Austin, UT’s Robert S. Strauss Center for International Security and Law has proposed a nifty event focused on the ...
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As is widely known, the greatest act of successful deception in modern military history is convincing the Germans -- at the decisive moment of WWII -- that the D-Day invasion would take place at Pas de C...
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I cannot decide if I am more annoyed at the Washington Post or more annoyed at the Obama administration for the way this latest cache of Snowden-leaked NSA documents is playing. I have now gone through t...
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Over at the Washington Post, Barton Gellman has a Snowden-sourced piece revealing that the NSA "has broken privacy rules or overstepped its legal authority thousands of times each year since Congress gra...
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Given Steve's critiques of my Monday post, both here and here, I thought it worth briefly clarifying a few points.
First, Steve somehow draws the conclusion that I am not interested in the legality of s...
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One immediate consequence of Snowden’s various revelations about massive USG surveillance – at home and especially abroad – was to put a chill on the loud U.S. campaign against Chinese cyber-snooping. (...