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On Thursday, the Office of the Director of National Intelligence released the latest declassified Foreign Intelligence Surveillance Court (FISC) Primary Order on its website.
The Primary Order, issued b...
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The final version of my article, A Rule of Lenity for National Security Surveillance Law, has been posted online at the Virginia Law Review website. The article advocates a new approach to FISA reform:...
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The developing story of the FBI’s impersonation of journalists is, in a way, really the story of Timberline high school in Washington State. In June of 2007 Timberline had received a series of bomb threa...
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Those of you interested in the organization of the Intelligence Community may recall a major initiative launched by the Defense Intelligence Agency, in 2012, to expand the size and focus of its HUMINT co...
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Below you’ll find a recap of yesterday morning’s argument in Klayman v. Obama.
A three-judge panel of the D.C. Circuit yesterday considered a key challenge to the NSA’s bulk collection from telephone c...
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The D.C. Circuit has posted the audio in Klayman v. Obama, the Section 215 case, here.
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I think I am unusual among former government officials in arguing that the publication of national security secrets can promote democracy and good government. Such publications are often costly, sometim...
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Over the last year and a half, the intelligence community has released a significant amount of previously classified material in an effort to be more transparent regarding matters pertaining to foreign i...
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Some time back, Ben noted two stern critiques of Edward Snowden and Glenn Greenwald---one by Sean Wilentz and another by George Packer. The latter reviewed Greenwald's book, No Place to Hide; ditto Micha...
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This morning, I posted some thoughts on a story in the New York Times about so-called "mail covers" by the Postal Service and their relationship
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I'm very interested to watch how the political system responds to this New York Times story about the U.S. Postal's Service very old, sort-of-bulk metadata program. The Times reports:
In a rare public ac...
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That's the headline from Michael Iskikoff at Yahoo! News reporting that the FBI has identified the suspected so-called "second leaker."
The story begins:
The FBI has identified an employee of a federal ...