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As Raffaela reported, on Friday Judge William H. Pauley III of the Southern District of New York held that bulk telephony metadata collection under Section 215 of the PATRIOT Act is lawful, and therefore...
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Having now read Judge William Pauley's opinion in ACLU v. Clapper, I am largely, though not completely, in agreement with Peter Margulies's assessment of the matter. The opinion is a useful corrective to...
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Friday’s ruling by S.D.N.Y. judge William H. Pauley in Clapper is a welcome corrective to the anti-metadata clamor triggered by Judge Leon’s Klayman opinion and the President’s Review Group Report. Whil...
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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...
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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...
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With the release of the Report and Recommendations of the President’s Review Group on Intelligence and Communications Technologies reporters and commentators have scrambled to make sense of the 308 pages...
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After suggesting general reforms to both 215 collection and national security letters, the Review Group then turns to the subject of bulk metadata.
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The report of the President’s Review Group on NSA matters has already received widespread attention, some of it high altitude, some of it more granular. It’s an ambitious document, both conceptually and ...
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The President Review Group's ("PRG") Report, released last week, makes nearly four-dozen individual recommendations related to foreign intelligence surveillance, privacy, civil liberties oversight respon...
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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...
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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...