The court’s ruling in FBI v. Fazaga could have significant implications for future challenges to government surveillance under FISA and to the government’s use of the state secrets privilege.
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The courts failed to accord deference to executive decisions about foreign affairs and resource allocation in immigration enforcement. The Biden administration’s best move might be to develop a more comprehensive explanation for ending the Migrant Protection Protocols.
The Biden administration’s rule-of-law credibility is the big loser; and the Supreme Court’s shadow docket the big winner.
One reason why Van Buren is good news for cybersecurity is that companies will actually need to improve the security of their systems, instead of hoping the threat of CFAA lawsuits or prosecutions will rescue them from their mistakes.
A win for civil libertarians does not mean a loss for data owners.
Abu Zubaydah, a detainee held at Guantanamo, wants testimony from two former CIA contractors about his treatment at a CIA black site in connection with a criminal inquiry in Poland. The government says their testimonies could expose state secrets.
The Supreme Court handed down its first major decision construing the Computer Fraud and Abuse Act last week. The decision is a major victory for those of us who favor a narrow reading of the CFAA. It doesn't answer everything. But it answers a lot.
The Supreme Court issued a decision in Van Buren v. United States, a case involving the Computer Frauds and Abuses Act.
The petitioners argue that the First Amendment gives the public the right to access FISC decisions and that redactions should only serve legitimate national security interests.
My recent article “Qualified Immunity on Appeal: An Empirical Assessment” provides the most comprehensive study to date of the resolution of qualified immunity appeals in federal court. Here’s what I found.