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National Security Letters

The PCLOB on Human Rights & 702: Punt or Long Game?

One of the most eagerly awaited aspects of the Privacy and Civil Liberties Oversight Board ("PCLOB") report on section 702 surveillance was how the PCLOB would treat human rights issues.  In January, 2014, President Obama issued PPD-28, acknowledging that individuals all over the world had privacy interests in data collected by the NSA.  Would the PCLOB take a stand on whether human rights agreements like the International Covenant on Civil and Political Rights ("ICCPR") apply extraterritorially, and whether the U.S.

Surveillance: Snowden NSA Controversy

Clearing Up Surveillance

Henry V’s claim to the throne of France is “as clear as is the summer’s sun,” explains the Archbishop of Canterbury in Shakespeare’s play.  The joke, of course, is that he has come to this conclusion following several dozen lines of impenetrably dense legal argument.  I’ve found it similarly difficult to explain intelligence surveillance law, as I’ve just been trying to do at Bobby’s excellent conference at the University of Texas at Austin.  I’ll try again here – minus the iambic pentameter and the Latin.

For anyone who is trying to talk about what the NSA is doing in this new era of transpa

Secrecy: Leaks Prosecutions

Exclusive: NSA Program Can Target Thoughts of Millions of Targets, Thousands of Americans

The National Security Agency has developed the capability to mine the thought patterns of millions of people simultaneously, collection that may involve thousands of Americans, according to the latest disclosure from former NSA contractor Edward Snowden.

Privacy: Technology

So How Do We Feel About These (Almost) All-Seeing Cameras?

This question occurred to me last week, after I served as an alternate juror in a criminal trial here in D.C. Two men were charged with, and---after two days’ worth of evidence---found guilty of robbing another man. The case turned on testimony by the victim and some corroborating stuff, including extensive video footage from security cameras strewn throughout a particular D.C. metro station.


Federalist Society Event on "The NSA, Security, Privacy, and Intelligence"

From last Monday, here is video of the Federalist Society's event, "The NSA, Security, Privacy, and Intelligence."

Panel I: Foreign Intelligence Collection and the FISA Court

Mr. Harley Geiger, Senior Counsel and Deputy Director, Freedom, Security and Surveillance Project, Center for Democracy & Technology Prof. Peter S. Margulies, Roger Williams University School of Law Mr. Julian Sánchez, Research Fellow, The Cato Institute Hon.

Peter Swire, Jeffrey Rosen and I Discuss the President's NSA Speech

Yesterday, I had the pleasure of recording a podcast discussion organized by the National Constitution Center on NSA, the President's speech on Friday, and the Review Group report. My interlocutor was Peter Swire, a member of the Review Group. Jeffrey Rosen, president of the National Constitution Center, hosted the conversation.

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