Susan Hennessey and I filed a brief today before the FISC suggesting that the court should clarify publicly whether it is satisfied with the DOJ’s conduct before it.
Privacy Paradox: Rethinking Solitude
Privacy Paradox takes an unorthodox look at the law and policy of contemporary privacy: intelligence reform, the transatlantic divide over data protection and government data collection, and the incipient international law of privacy. What does the "right to be let alone" mean in a world in which we leave digital dust wherever we go and entrust our lives to companies we know to be exploiting our data for commercial gain? Do we want those companies to stand up to government or work with it—or both?
We should turn a critical eye toward the legal claim purportedly undergirding the Nunes memo.
All you need to know about the FISA reauthorization bill that Congress sent to the president’s desk.
What time and leaks have shown about the merits of this FISA program in the face of national security concerns and potential presidential meddling.
A review of Lawfare's 2017 coverage of privacy law.
The Best Way to Rule for Carpenter (Or, How to Expand Fourth Amendment Protections Without Making A Mess)
Professor Kerr's thoughts on the best way to establish Fourth Amendment rights in cell-site records.
As the year is coming to a close, Congress has now missed the deadline for reauthorizing FISA Section 702. Molly Reynolds, a Brookings fellow in Governance Studies and expert on Congress, joined Benjamin Wittes and Susan Hennessey for a converation on the failure to reauthorize and what happens next. They discussed the politics of Section 702, the influence of this year's overall legislative agenda, and what to expect in 2018 for the crucial intelligence apparatus.
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