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The Pew Research Internet Project has released a new public opinion study that shows exactly what you would expect the public believes about privacy, surveillance, and related matters. The study seems to...
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It's ongoing now. Details are available here. and live streaming video is available over at C-SPAN.
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The Privacy and Civil Liberties Oversight Board is is an advisory body to assist the President and other senior Executive branch officials in ensuring that concerns with respect to privacy and civil libe...
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A few days after oral argument before a three-judge panel of the D.C.
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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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Yesterday I posted a short blog on an interesting VA decision regarding the application the Fifth Amendment privilege to the question of unlocking cell phones and other devices. The short summary is tha...
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One of the most engaging contemporary debates is about the efficacy and utility of encryption as a means of protecting privacy. I’ve written, in the past, about how encryption works and about the growing...
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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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Over at Just Security, Ryan Goodman analyzes UN Special Rapporteur Ben Emmerson's claim that states owe the same privacy protections to non-nationals abroad as to their own citizens at home in conducting...
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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...