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The NSA ended its program involving bulk collection of Internet metadata inside the United States in 2011. This Internet metadata program was the genesis of the legal theory that authorizes bulk collect...
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A variety of sources are reporting that the terrorists in Paris used encryption that may have thwarted intelligence efforts to monitor their pre-attack activities. (See, for example, today's New York Tim...
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Glenn Greenwald has seen the big picture in Paris. With 129 people dead, terrorists still at large, and ISIS crowing over the carnage, Greenwald has jumped on the real problem: Someone, somewhere might t...
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Here's a brief update on my piece yesterday on the Klayman litigation. The government yesterday, as promised, moved in the D.C. Circuit for a stay of Judge Leon's ruling.
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You might have thought the judicial wrangling over the Section 215 program would end now that Congress had passed the USA Freedom Act winding down the program and replacing it—particularly now that the n...
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The foreign-to-foreign communications exemption to FISA is not especially "edgy" and not especially "secret."
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Judge Richard Leon of the U.S. District Court for the District of Columbia has issued an injunction against the NSA's bulk metadata collection program in his ruling in Klayman v. Obama, ruling that the p...
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Although it is a close call, the decision of the Court of Justice of the European Union (CJEU) in Schrems v. Data Protection Commissioner may turn out to be the most important consequence of the Snowden ...
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In an en banc decision issued yesterday, the Ninth Circuit ruled that an NCIS agent’s use of a software query to search military and civilian computers throughout Washington state for child pornography v...
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The United Kingdom is a surveillance state, one far beyond the world envisioned by George Orwell. Between the GCHQ's efforts to bulk-record Internet traffic at the UK's borders, the modern data collected...
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Last week, Ingrid Wuerth flagged Spokeo, Inc. v. Robins for Lawfare readers as one of the key national security law cases of the Supreme Court’s October 2015 Term. The Court held argument in Spokeo on Mo...
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In this post, I want to focus on a narrow slice of Charlie Savage's much-anticipated book Power Wars (published today...go ahead, order it now!), one that might not generate as much attention as the mate...