That’s the gist of tonight’s report, from Politico’s Josh Gerstein:
President Barack Obama said Thursday that he’ll be reining in some of the snooping conducted by the National Security Agency, but he did not detail what new limits he
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In another forum, my colleague, Rafal Rohozinski, made some interesting observations about the Greenwald/Snowden disclosures as they relate to Canada. Rohozinski was formerly a Fellow at Harvard’s Berkman Center and is now a senior fellow at the International Institute … Read more »
Over at EJILTalk!, Marko Milanovic has a five-part series considering the possibility of a global right to privacy against government surveillance Milanovic’s posts are in part a response to posts by Ben and me, so I thought I would … Read more »
I haven’t watched this yet, but it looks pretty interesting.
The motion is “Spy on me, I’d rather be safe.”
The panel is a good one: Arguing for it are Stewart Baker and Richard Falkenrather. Arguing against it are … Read more »
The November NSA cache declassified by Director of National Intelligence James R. Clapper last week includes two United States Signals Intelligence Directive (USSID) documents. The more important of the pair, USSID SP0018, dated January 25, 2011, is a 52-page … Read more »
This past Friday, District Court Judge William H. Pauley III, of the Southern District of New York, heard oral argument in the American Civil Liberties Union’s (“ACLU”) challenge to the government’s bulk telephony metadata collection program under Section 215 of … Read more »
The next items in our November NSA Trove, like those summarized in a prior post, focus on congressional oversight. The three pieces span a little more than a year, from 2009 to 2010. And all three were penned … Read more »
Our little November NSA Trove-a-thon will shift gears now. Having covered judicial materials—court filings, opinions, and similar items regarding NSA’s bulk collection of telephony and internet metadata—we’ll move to congressional oversight of those same subjects.
So far as this post … Read more »
Back in September, I wrote the following:
Imagine you were a high-level decision-maker in a clandestine intelligence agency. Imagine that you had played by the rules Congress had laid out for you, worked with oversight mechanisms to fix errors
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Next in the November NSA Trove: the filling in of some additional detail, and in five different FISC-related documents, regarding the collection and handling, by the NSA, of telephony metadata on a mass scale.
In the first, a July 17, … Read more »
The NSA had come knocking. It sought judicial permission to obtain, by means of pen registers and trap and trace devices, vast swaths of internet metadata within the United States. That request’s staggering scope wasn’t at all lost on the … Read more »
The latest tranche of declassified NSA materials is pretty big. But not all of the materials rank equally, significance-wise; at the same time, many of the documents—though undeniably important—are historical in nature. The internet metadata program at issue in Judge … Read more »
Yesterday afternoon, the DNI declassified an 87-page FISC opinion authored by Judge Kollar-Kotelly that had allowed a bulk Internet metadata collection under FISA’s version of the Pen Register statute, 50 U.S.C. 1842. In plain English, the government published a … Read more »
This latest set of declassified documents is related to programs authorized by Sections 501 and 702 of FISA. The materials include, writes DNI James Clapper on the Tumblr:
20 orders and opinions of the Foreign Surveillance Court, 11 pleadings and
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That, at least, seems to be what Ken Roth—executive director of Human Rights Watch—is arguing in this essay on the New York Review of Books web site. Entitled “The NSA’s Global Threat to Free Speech,” the piece is devoted to … Read more »
The Supreme Court today denied the Electronic Privacy Information Center’s request for mandamus review of telephony metadata collection under Section 215 of the PATRIOT Act. The denial order has neither dissent nor further explication.
Josh Gerstein’s article in Politico provides … Read more »
From last week’s Federalist Society’s convention in Washington, here’s a discussion between former Attorney General Michael Mukasey and international law scholar Jeremy Rabkin on NSA data collection. It was moderated by former Deputy Attorney General George Terwilliger.
And here’s video … Read more »
Good discussion between Sen. Leahy and the Wall Street Journal’s Siobhan Gorman and Politico’s Josh Gerstein. Worth watching.
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So reports Sari Horwitz at the Washington Post, who learned of this effort in an interview with Attorney General Eric Holder.
In Clapper v. Amnesty International, the 2013 challenge to Section 702 surveillance programs, Solicitor General Donald Verrilli … Read more »