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:
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* – Or, at least, it did over forty years ago.
In a new piece at Foreign Policy, Matthew M. Aid and William Burr report on a recently declassified NSA history that discloses the targets of NSA surveillance during … 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 »
James A. Baker, who for a long time ran the Office of Intelligence Policy Review in DOJ (which focused on FISA), and more recently worked in the Deputy Attorney General’s Office on cyber issues, gave a Constitution Day address at … Read more »
Shane Harris has a long piece in FP about NSA Director Keith Alexander entitled The Cowboy of the NSA. Harris shows, with nice detail and color, how Alexander has engaged for years in an all-out drive to collect more … Read more »
[Updated (11:34 a.m.): Ben rightly points out to me that his reply does not use the phrases “clearly legal” or “settled,” and so my use of quotation marks around those terms may convey the wrong impression. Just to … Read more »
Julian Ku is right to poke fun at the administration for conveying its vague and conclusory legal rationale for intervening in Syria through the reporting of the NYT’s Charlie Savage. But vague and conclusory guidance via the NYT is … Read more »
Sam Tanenhaus had an essay over the weekend in the NYT that I think is at bottom a “little c” conservative critique of President Obama’s Syria push. But the essay makes little sense, at least to me.
Tanenhaus starts with … Read more »
Last Saturday President Obama said he had “decided that the United States should take military action against Syrian regime targets,” and that he had made that decision “as Commander-in-Chief based on what I am convinced is our national security … Read more »
Lawfare-ers have been quite prolific in the debate over U.S. intervention in Syria. We thus have updated our compilation of the blog’s Syria coverage.
You can find all of our posts on Syria below, with the most recent posts at … Read more »
Earlier today I said that President Obama’s dismissal of a Security Council authorization as a prerequisite for intervention in Syria “marks the death knell for the long-held USG view that humanitarian intervention without Security Council approval violates the U.N. Charter.” … Read more »
Marty Lederman writes in with a response to my last post:
A quick, response to Jack’s reading of the President’s remarks in Stockholm yesterday:
One should be very cautious, of course, about reading too much into an executive’s particular
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I want to briefly unpack this extraordinary statement by President Obama yesterday in Sweden:
[T]he truth of the matter is that under international law, Security Council resolution for self-defense or defense of an ally provides a clear basis for action.
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I disagree with Peter Spiro’s take on Section 4 of the draft AUMF.
Section 4 terminates the congressional authorization after 60 (or 90) days, but it does not affirmatively prohibit the President from using force at that point, and … Read more »
The draft Senate Syria AUMF contains a narrower authorization for the use of presidential force than the one the administration proposed. But it is in some respects still broad, and it actually enhances the president’s claims of independent constitutional … Read more »
As Congress moves to debate authorization for the use of force in Syria, and especially since there is some question about whether DOD has adequate funding for a strike in Syria, Congress may want to ponder the votes it took … Read more »
One claim that is being made about President Obama’s decision to seek congressional authorization for military action in Syria is that it is likely to weaken the authority of the presidency with respect to the use of force. Peter Spiro … Read more »
Over the next week we are going to see a lot of debate about the substantive scope of the Syria/WMD AUMF, much of it directed at whether the administration’s draft or other draft language might end up being cited as … Read more »
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The administration’s proposed Authorization for the Use of Military Force (AUMF) for Syria provides:
(a) Authorization. — The President is
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Via Ilya Somin at Volokh, I see that the administration has proffered its proposed Authorization for the Use of Military Force (AUMF) for Syria. Now it is Congress’s turn to decide what proposal(s) it wants to debate and possibly … Read more »