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The Justice Department recently changed its policy on notice to criminal defendants about the use of evidence derived from surveillance under Section 702 of FISA.
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I have not read these yet but will do so over the next few days and offer thoughts and summaries as I do.
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The "NSA Affair" still commands German headlines. Over the weekend, the news was dominated by the fit-for-a-spy-novel revelations that the top floor of the U.S. Embassy on Pariser Platz (overlooking the ...
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Back in early September, I discussed Germany’s deep concern about allegations that the United States had been conducting surveillance on foreign leaders’ email and phone conversations. At the time, Germ...
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In what could be a consequential move, federal prosecutors this week informed a man accused of providing material support to the Islamic Jihad Union ("IJU") that they intend to "offer into evidence or ot...
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White House counterterrorism adviser Lisa Monaco has a piece in USA Today on NSA surveillance matters. The key paragraph:
All three branches of government play a role in overseeing our intelligence activ...
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A diplomatic disaster for the United States is currently unfolding in Berlin. The revelation that the NSA may have monitored cell phone conversations and text messages of Chancellor Angela Merkel has led...
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The House Permanent Select Committee on Intelligence was to have had a hearing today on proposed reforms to the NSA surveillance programs. I was invited as a witness on a panel with Steve Bradbury and S...
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As part of our work on a chapter for an upcoming book on Madisonian thought and contemporary public policy, Ben and I wrote this piece for Security States about James Madison's vacillations on executive ...
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Having gained no purchase in federal district courts in countering NSA's telephony metadata program, privacy activists are attempting a different strategy: taking the fight directly to the United States ...
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How long will the enhanced security state in America last? Apparently, some think it will be "for the rest of time." That has to be wrong.
As readers of this blog know, I live on Capitol Hill and walk...
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For reasons that won’t surprise anyone, Lawfare deals a lot with automation and robotic technologies, ranging from cyber to big data to military robotics. So readers might be interested to learn of next...