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On Saturday, in writing about the Second Circuit's 215 decision, I mentioned the DC Circuit's pending Klayman case and its capacity to throw a wrench into the current debate: "Yes, it is possible---likel...
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Lawfare is pleased to announce the publication of a new -- and timely -- paper in the Lawfare Research Paper Series: An Essay on Domestic Surveillance, by Philip B. Heymann, law professor at Harvard Law ...
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Thursday's 2nd Circuit decision striking down 215 ends with a brief, and unresolved, rumination on the impact explicit congressional authorization might have on a 4th Amendment analysis---if and when suc...
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From day one of the Snowden revelations, we all knew that the legal validity of the 215 program hinged ultimately on the capaciousness of a single word: "relevant." Even those of us who generally support...
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A reader familiar with surveillance matters writes in with these two questions about yesterday's opinion from the Second Circuit:
1) The opinion seems to turn on the Court's belief that either not enoug...
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It is clear that the Second Circuit’s ruling that the NSA’s bulk collection of Americans’ telephone records violates Section 215 of the Patriot Act will have significant implications for the current legi...
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The most interesting issue in the opinion concerns ratification of the FISC's interpretation of Section 215 by Congressional reauthorization of the Patriot Act. I think the decision boils down to a judg...
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As Ben notes below, the Second Circuit has handed down its ruling in the legal challenge to the bulk telephony metadata program. I have posted a summary of the Second Circuit's ruling, together with my ...
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Here's the opinion. I haven't read it yet, but will have comments when I do.
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Ben flagged today that the Germans have been caught out spying on friends and allies. What makes this a story is the way the Germans responded more than a year ago when Snowden’s leaks revealed that the ...
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In case you needed a refresher course on European hypocrisy on surveillance and data privacy, the New York Times today obliges with two stories over which the connoisseur of human folly ought really to p...
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I've long been a huge fan of (Retired) Supreme Court Justice John Paul Stevens, not least because his prized possessions include a scorecard from Game 3 of the 1932 World Series--better known to baseball...