The intelligence community has no set of general principles for judging the privacy impact of their programs. Some privacy scholars believe that the Fair Information Protection Principles (FIPPs) serve this purpose and can apply to intelligence programs as they do to myriad other government programs. The NSA itself said in a recent report on collection under Executive Order 12333 that it was applying the FIPPs for the first time.
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I’ve been wrestling with an idea on electronic surveillance reform, and when I recently consulted with Benjamin Wittes about it, he encouraged me to post here and seek the feedback of Lawfare’s readership. So here goes my maiden Lawfare post: a modest proposal for reform of the legal authorities under which NSA collects communications content from U.S.
The Senate yesterday buried---at least for now---surveillance reform, when Republican senators refused to allow the current draft of the measure to proceed to a vote. Glenn Greenwald has an interesting reaction to the legislative death of the grandiosely-named USA Freedom Act: It doesn't matter.
The D.C. Circuit has posted the audio in Klayman v. Obama, the Section 215 case, here.
This morning, I posted some thoughts on a story in the New York Times about so-called "mail covers" by the Postal Service and their relationship
I'm very interested to watch how the political system responds to this New York Times story about the U.S. Postal's Service very old, sort-of-bulk metadata program. The Times reports:
In a rare public accounting of its mass surveillance program, the
Over at Vox an admiring article appears on a challenge that Glenn Greenwald is giving to people who think they have nothing to hide:
The most common defense for the massive expansion of http://www.vox.com/cards/nsa-and-ed-snowden/what-is-the-national-securit...
You may not have read much about the latest big scoop in The Intercept, released Friday evening under the bylines of Peter Maass and Laura Poitras and headlined "Core Secrets: NSA Saboteurs in China and Germany." There have not been a lot of media organizations following the story. This might be due to the infelicitous timing of its release: the Friday before a long weekend is never a great time for a news break.
I have just read George Packer's profile of Laura Poitras in the New Yorker, which centers around her new, long-awaited film about Edward Snowden. The film, due for release October 24 and called Citizenfour, is the next scheduled act in the Snowden drama. I'll reserve comment on the film until I've seen it. The Packer article, however, is worth reading. It's a vivid portrait of Poitras and her filmmaking that's also a portrait of the group of people surrounding her in Berlin.
Speaking of National Security Letter (NSL) challenges: tomorrow morning Judges Ikuta, N. Randy Smith and Murguia of the Ninth Circuit will hear oral argument in In re National Security Letter, Under Seal v. Holder.