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Tag Archives: David Cole

The NSA Meets International Law: Advantage US?

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Thursday, January 30, 2014 at 3:00 PM

While NSA critics including David Cole have asserted that the Section 702 program is inconsistent with international privacy norms, the reality is far more complex.  As I explain in a forthcoming Fordham Law Review article, European courts have upheld national security surveillance programs with striking similarities to U.S. practice.  Indeed, the FISC’s role actually makes . . .
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Cole and Lederman, and Morell, on Review Group Report

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Monday, December 23, 2013 at 4:39 PM

Marty Lederman has a good summary of the highlights of the President’s Review Group on Intelligence and Communications Technologies at Just Security.  And he and David Cole have a lengthy post on what they say is a neglected issue in coverage of the Report: The issue of the proper use by the government of meta-data, as opposed . . .
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Intelligence Squared US Debate: “Spy on Me, I’d Rather Be Safe”

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Saturday, November 30, 2013 at 4:44 PM

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 David Cole and Michael German. Spy On Me, I’d Rather Be Safe from Intelligence Squared U.S. . . .
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The Air Goes Out of the Balloon: The Tarek Mehanna Appeal

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Thursday, November 14, 2013 at 8:40 PM

We will post a full summary of the First Circuit Court of Appeals’s decision in the case of Tarek Mehanna soon. A brief thought in the interim. The Mehanna case sparked a big First Amendment debate—on this site between David Cole and Peter Margulies (see also here and here)—during and after his prosecution in Massachusetts for . . .
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Giving David Cole the Final Word

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Wednesday, November 13, 2013 at 2:11 PM

Over at Just Security, David Cole rounds out our exchange on global international privacy rights. I’m going to let him have the final word here and merely link to his post as a reader service. As I think our two views are amply spelled out in the exchange, I’m going to resist the urge to . . .
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David Cole on My “Failure of Imagination”

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Tuesday, November 12, 2013 at 7:18 PM

Over at Just Security, David Cole tweaks me for a “failure of imagination” for my piece yesterday wondering what he and Kenneth Roth mean by a worldwide right of privacy: Cole writes that “[Wittes] argues that since he can’t conceive of a warrant being required for spying, there must not be any global right of privacy. . . .
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A Global Human Right to Privacy?

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Monday, November 11, 2013 at 5:05 PM

Over at the Guardian today, Kenneth Roth—executive director of Human Rights Watch—argues for a worldwide human right of privacy: It’s time for governments to come clean about their practices, and not wait for the newest revelations. All should acknowledge a global obligation to protect everyone’s privacy, clarify the limits on their own surveillance practices (including surveillance . . .
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A Reply to David Cole on Rights of Foreigners Abroad

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Saturday, November 2, 2013 at 1:54 AM

A few days ago, I posted a response to David Cole’s Just Security post that had argued for U.S. law protecting the privacy of foreigners abroad. David has generously replied with an amusingly-titled post, We Are All Foreign Nationals — Even Orin Kerr. I suspect that our differences reflect our priors, which in turn are . . .
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Should U.S. Law Protect the Privacy of Foreigners Abroad?

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Friday, November 1, 2013 at 12:04 AM

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 U.S. law should protect the privacy of foreigners all around the world. David offers three pragmatic . . .
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Peter Margulies on the Mehanna Briefing

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Monday, April 8, 2013 at 2:00 PM

Peter Margulies of Roger Williams School of Law writes in with the following thoughts on the First Circuit briefing in the Tarek Mehanna appeal: The federal material support statute forces courts and juries to distinguish independent speech that supports terrorism from speech coordinated with a foreign terrorist group (FTO), such as Al Qaeda.  That challenge . . .
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The Meaning of the U.N. Special Rapporteur’s Endorsement of Brennan for CIA Director

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Saturday, February 9, 2013 at 8:41 AM

Ben Emmerson, the Special Rapportuer for Human Rights who is conducting an inquiry into the legality of (among other things) U.S. drone strikes, and who has suggested that the United States might have committed war crimes, has told Spencer Ackerman at Danger Room that he supports John Brennan as the Director of the CIA.  Based on conversations with . . .
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Audio of Recent ABA Standing Committee Conference

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Thursday, December 13, 2012 at 5:53 AM

The American Bar Association’s Standing Committee on Law and National Security has released audio recordings of its recent conference in Washington. Here they all are: Day 1 – Thursday, November 29, 2012 Conference Overview and Welcome Harvey Rishikof Laurel Bellows Panel I – Role of the Courts in National Security Law: Past, Present and Future . . .
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Feinstein Amendment and Some Policy Dimensions of Citizenship-Based Distinctions

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Friday, December 7, 2012 at 10:48 AM

Steve and Marty make what seem to me very valid legal arguments in response to Jonathan Hafetz’s post on Opinio Juris, in which Jonathan argues that the Feinstein Amendment’s principal effect would be to embed citizenship-based distinctions (in this case, with regard to military detention) “that undermine protections for millions of non-citizens in the United . . .
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Peter Margulies Previews the Tareq Mehanna Appeal

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Wednesday, November 28, 2012 at 6:42 AM

Peter Margulies of Roger Williams School of Law, writes in with the following preview of the coming Tarek Mehanna appeal. The Mehanna case was the subject of this earlier exchange between Margulies and David Cole. Terrorism’s on-line profile has triggered robust debate, with Connecticut Senator Joe Lieberman warning of the danger and some commentators, such as . . .
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Readings: David Cole Comments on Anderson’s Civil Society Post

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Monday, November 19, 2012 at 8:46 AM

Further to my weekend Readings post noting David Cole’s new SSRN paper, David dropped me a note, which I’m delighted to put up below.  I think David is right in these comments; knowing he’s expanding this into a book, I thought a more extensive note on the article than we usually do for “Readings” might . . .
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Readings: David Cole on Civil Society and Individual Rights After 9/11

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Saturday, November 17, 2012 at 7:22 PM

Georgetown law professor David Cole has a new article up on SSRN, “Where Liberty Lies: Civil Society and Individual Rights after 9/11.”  It offers something of a retrospective on the role of civil society organizations in defending a vision of individual rights under the Constitution in the years following 9/11 – these organizations include, Cole . . .
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David Cole on the 9th Circuit’s Yoo Decision

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Tuesday, May 8, 2012 at 6:27 AM

Georgetown University law professor David Cole has this piece in the New York Review of Books blog. Cole argues: In closing off yet another avenue of accountability for the wrongs US officials intentionally inflicted on suspects in the “War on Terror,” the Ninth Circuit’s decision does not break new ground. After all, the Justice Department long . . .
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David Cole and Peter Margulies: An Exchange on Tarek Mehanna

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Sunday, April 22, 2012 at 3:45 PM

David Cole and Peter Margulies both have more to say on the Tarek Mehanna case. Their exchange convinces me that the merits of this First Amendment case are enormously fact-dependent. I will therefore wait, before expressing an opinion, to see the record that emerges in the appellate proceedings. David writes as follows: Peter Margulies’ response . . .
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Peter Margulies Responds to David Cole

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Saturday, April 21, 2012 at 8:18 AM

Peter Margulies of Roger Williams University School of Law writes in with the following response to David Cole’s recent article on the Tarek Mehanna case: While David Cole’s passionate defense of the First Amendment is always welcome, David overshoots the mark in his recent post on the Mehanna case.  The Supreme Court held in Holder . . .
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David Cole on Tarek Mehanna

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Thursday, April 19, 2012 at 8:23 PM

Georgetown law professor David Cole has this disturbing article in the New York Review of Books Blog on the Tarek Mehanna case. I have not followed this case carefully in the district court, but this article suggests that perhaps Lawfare needs to keep a closer eye on it on appeal. Cole writes: Google “39 Ways to . . .
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