From the defense’s standpoint, which are more onerous: restrictions on lawyers in civilian terrorism cases or restrictions used in military commissions?
Accused Boston Marathon bomber Dzhokhar Tsarnaev is currently challenging Special Administrative Measures (SAMs) imposed on him and his attorneys; … Read more »
Americans vacillate over national security and government power. We want an effective intelligence community, but we do not want too much surveillance or collection. We want to rein in the NSA, but we also wax outraged when the intelligence community … Read more »
On Monday, accused Boston Marathon bomber Dzhokhar Tsarnaev filed his reply to the government’s response to his motion to vacate special administrative measures (SAMs) imposed on him and his attorneys. In his filing, Tsarnaev rejects the government’s claim that the … Read more »
I was on the same panel as Orin at Monday’s day-long hearing before the Privacy & Civil Liberties Oversight Board, and think there’s a lot to commend his proposal for a statutory rule of lenity as a tool to … Read more »
Edward Snowden’s disclosures and subsequent government declassifications have prompted a wave of proposals to retool the Foreign Intelligence Surveillance Act (“FISA”). Some of these proposed revisions are new; others merely reprise older ideas which were put forward earlier in Congress, … Read more »
Voice of America is reporting that the U.S. Embassy in Jakarta (like the U.S. Embassy in Berlin) was apparently used by the NSA for spying on President Susilo Bambang Yudhoyono. Indonesia is seeking an explanation from the United States. It … Read more »
United States privacy law traditionally has only protected the privacy of those in the United States and U.S. citizens abroad. Over at Just Security, David Cole argues that this should change. Privacy is a human right, he argues, and … Read more »
Last Monday, the government filed its response to accused Boston Marathon bomber Dzhokhar Tsarnaev’s motion to vacate the special administrative measures (SAMs) imposed on him and his attorneys. (We previously described the measures and Tsarnaev’s challenge here.) In essence, … Read more »
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. Press reports have treated the change as momentous, with the New York Times and the … Read more »
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 Brandenburger Tor and the Reichstag) apparently housed equipment and … Read more »
Last Wednesday, accused Boston Marathon bomber Dzhokhar Tsarnaev filed a motion to vacate special administrative measures (SAMs) imposed on him and his attorneys. In his motion, Tsarnaev argues that the government has not alleged facts sufficient to justify the measures—essentially … Read more »
Hilary Mantel is justly famous for Wolf Hall and Bring Up the Bodies (Wolf Hall, Book 2), a pair of extraordinary books observing the kingship of Henry VIII through the lens of a richly-conceived version of Thomas Cromwell. But … Read more »
Mark Klamberg of Uppsala University Department of Law in Sweden writes in with the following guest post on European laws governing metadata collection and how it compares with U.S. law on the subject. It’s a very interesting comparison:
… Read more »
The following is my my prepared statement for today’s hearing of the Senate Select Committee on Intelligence. The hearing, which is beginning at this hour, concerns reform of the Foreign Intelligence Surveillance Act.
Thank you, Chairman Feinstein, Vice Chairman … Read more »
I was honored to moderate a panel at Georgetown Law on Constitution Day, entitled “A Constitutional Conversation: The Foreign Intelligence Surveillance Act in a Digital Era.”
The panel, composed of Georgetown Law Professors Carrie Cordero, Laura Donohue, and Marty Lederman, … Read more »
In describing Hatim v. Obama (the D.C. Circuit Guantánamo appeal in which the government filed its opening brief on Friday) as the “counsel access” case, Raff has hit the nail on the head. Although the appeal involves the district … Read more »
The central theme of Carrie’s post critiquing proposals for FISA reform appears to be that there are already too many lawyers and too much oversight of how the NSA conducts “foreign intelligence surveillance,” and so any proposals to increase these … Read more »
During his press conference today (transcript here), President Obama announced a quartet of reform initiatives meant to enhance the credibility and legitimacy of NSA activities and the FISA system, both of which have come under heavy pressure thanks to … Read more »
With the current controversies over the NSA’s surveillance programs, I want to return to broader issues about how to think about the role of courts in the national-security area.
In this area, government typically tends to be exceptionally resistant to … Read more »
A big hearing is taking place this morning at 9am before the Senate Judiciary Committee. Media report that the Verizon order will be declassified at this hearing.
Catch it live at the Committee’s website, or over at C-SPAN.… Read more »