Posts tagged with: "NSA Warrantless Surveillance"
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1 Nov 2013, 10:06 am by Wells Bennett
Last night’s vote was, apparently, 11-4.  The committee-backed legislation, called the FISA Improvements Act of 2013, can be found here. [read post]
10 Feb 2014, 1:12 pm by Paul Rosenzweig
This one is a strong competitor.  I’m trying to think of other uses for this “precedent” — no power or water for the Army (by peace activists).   Or power for Obamacare servers.  I wonder if these State legislators understand the concept of the supremacy clause. [read post]
3 Mar 2014, 8:17 am by Paul Rosenzweig
Well, not really.  But you know that a trend is going against the NSA when the American Bar Association offers a course entitled, “The Ethical Implications of NSA Surveillance.”  According to the the ABA: Our panel will take you through the revelations about NSA to date and outline the steps law firms can (and ethically must) take to protect their client data from prying eyes of all kinds - abroad and at home.  The primary rules involved are 1.1… [read post]
20 Nov 2013, 2:36 pm by Wells Bennett
The latest tranche of declassified NSA materials is pretty big.  But not all of the materials rank equally, significance-wise;  at the same time, many of the documents—though undeniably important—are historical in nature. The internet metadata program at issue in Judge Colleen Kollar-Kotelly’s much-discussed 2004 opinion, for example, was discontinued in 2011. There’s some deep-diving to be done, in other words, and we will be summarizing the material, as per… [read post]
5 Dec 2013, 6:24 pm by Wells Bennett
That’s the gist of tonight’s report, from Politico’s Josh Gerstein:   President Barack Obama said Thursday that he’ll be reining in some of the snooping conducted by the National Security Agency, but he did not detail what new limits he plans to impose on the embattled spy organization. “I’ll be proposing some self-restraint on the NSA. And…to initiate some reforms that can give people more confidence, ” Obama told Chris Matthews in an… [read post]
23 Dec 2013, 6:00 am by Wells Bennett
On Friday, the Director of National Intelligence declassified eight documents related to NSA activities, including the bulk collection of telephony metadata. The documents—all declarations by NSA officials—apparently were filed in support of the government’s assertions of state secrets and statutory privileges, in lawsuits filed after public acknowledgement of the Bush Administration’s  ”Terrorist Surveillance Program.” Later on, following Snowden’s… [read post]
19 Mar 2014, 12:06 pm by Wells Bennett
The Privacy an Civil Liberties Oversight Board has been holding a Public Hearing on the 702 program since 8.45am this morning. Witnesses (and links to written testimony) are listed below: Panel I: Government Perspective on Section 702 Foreign Intelligence Surveillance Act James A. Baker (General Counsel, Federal Bureau of Investigation) Rajesh De (General Counsel, National Security Agency) Robert Litt (General Counsel, Office of the Director of National Intelligence) Brad Wiegmann (Deputy Assistant… [read post]
29 Mar 2014, 7:50 am by Wells Bennett
Friday brought us three newly declassified FISC rulings.  The release was prompted by the Electronic Frontier Foundation’s FOIA action against the NSA. Interestingly, one of the documents apparently is an “updated”—according to the DNI release—version of a previously released, March 2, 2009 FISC order, which had blasted NSA for non-compliance with certain minimization rules. At any rate, and without further ado: Docket Number BR 08-13 March 2, 2009 — Order… [read post]
9 Dec 2013, 4:00 pm by Wells Bennett
Jose Aleman, Editor-in-Chief of the Stanford Journal of International Law, writes in with this seemingly quite Lawfare-relevant announcement: As the 10th anniversary of the 9/11 Commission Report approaches, the recurring dispute over the boundaries of the post-9/11 national security state is once again in full swing.  Governing Intelligence will move beyond the surveillance debate to start an interdisciplinary dialogue about the power and limits of intelligence… [read post]
3 Apr 2014, 12:00 pm by Jack Goldsmith
Cyber security maven Dan Geer has given three speeches in the last six months that are worth a read: (a) APT in a World of Rising Interdependence, given last month at the NSA; (b) We Are All Intelligence Officers Now, given at the RSA Conference in February; and (c) Trends in Cyber Security, given at NRO last November.  From the conclusion of the NSA speech: Therefore, let me give my core prediction for advanced persistent threat: In a world of rising interdependence, APT will… [read post]
14 Feb 2014, 1:18 pm by Jack Goldsmith
In December I said this about the Presidential Review Group’s recommendation to transfer meta-data from NSA to private control: “I understand the Report’s concerns about the storage of bulk meta-data by the government.  But I do not understand the Report’s implicit assumption that the storage of bulk meta-data by private entities is an improvement from the perspective of privacy, or data security, or potential abuse.” Bruce Schneier has written… [read post]
17 Jan 2014, 4:30 pm by Joel Brenner
I had two reactions to President Obama’s address,  one general and another specific. First the general.  President Obama made a good speech today, both for what he said and what he didn’t say.  He has already made clear, through his policies and practices, what he wants the Executive Branch to do.  If the Congress wants to impose new rules on an Agency that hasn’t pursued programs that violate the existing rules, Congress must do it.  Pushing certain… [read post]
27 Jan 2014, 1:30 pm by Joel Brenner
What harm has Edward Snowden done to his country? When Snowden asserts that the National Security Agency listens to encrypted Russian diplomatic traffic, it takes the Russians about twenty minutes to shut it down.  An operation like that can take many years to put in place.  When he explains exactly how NSA can implant devices that make it possible to extract information even from isolated networks of hostile governments, those operations will die on the vine.  When he identifies… [read post]
17 Jan 2014, 12:53 pm by Wells Bennett
The President’s speech and accompanying Policy Directive together announce all manner of changes; it will take a while to grasp them all. In the meantime, here’s an off-the-cuff reaction: I reckon we will have to wait and see how many of today’s proposals develop.  The devil is in the details, if you’ll forgive a wince-inducing cliché—but details did not figure prominently in today’s remarks, and some important ones will not come into focus for a… [read post]
1 Nov 2013, 9:00 am by Ingrid Wuerth
Voice of America is reporting that the U.S. Embassy in Jakarta (like the U.S. Embassy in Berlin) was apparently used by the NSA for spying on President Susilo Bambang Yudhoyono.  Indonesia is seeking an explanation from the United States.  It also appears that that Australia permitted covert NSA programs to operate in “its embassies in Indonesia, Thailand, Vietnam, China and East Timor.”   My prior post focused on immunity from domestic criminal prosecution for US.… [read post]
9 Sep 2013, 2:07 pm by Steve Vladeck
I have no doubt that Ben meant to provoke–and, at least in my case, he did (enough, at least, to make a Coming to America reference in the title of this post). Ben’s full post in defense of the NSA (and his not-so-thinly-veiled criticism of its critics) is worth reading–especially for those who agree with Ben’s apparent view that Lawfare readership has become the metric by which we assess the amount of popular interest in specific points of debate. But it’s Ben’s… [read post]
14 Jan 2014, 11:04 am by Wells Bennett
Yesterday, U.S. District Judge John Bates sent over two documents—-a summary cover letter and a more detailed analysis—to the Senate Intelligence Committee.  Delivered in Bates’s capacity as the Director of the Administrative Office of the U.S. Courts, and derived from both his past service as the FISC’s Presiding Judge, and discussions with other current and former FISC and FISCR judges, the materials set forth the “views of the Judiciary” regarding proposed… [read post]
23 Dec 2013, 10:30 am by Matt Danzer
At the heart of this month’s NSA Mini-Trove are the government’s most recent explanations of its now narrower claims of secrecy in two long-pending lawsuits—Jewel v. NSA and Shubert v. Obama—the narrowing occasioned by, naturally, Edward Snowden’s disclosures. Such is the gist of two declarations regarding secrecy privileges in the cases filed on December 20, 2013, by Director of National Intelligence (“DNI”) James Clapper and Acting Deputy… [read post]
10 Sep 2013, 6:23 am by Steve Vladeck
[Updated (11:34 a.m.): Ben rightly points out to me that his reply does not use the phrases "clearly legal" or "settled," and so my use of quotation marks around those terms may convey the wrong impression. Just to clarify, Ben never uses those terms as such; rather, they're my reading and my characterization of his original post--albeit what I believe to be a fair and accurate view of his position.] Ben’s reply moves the goalposts in our discussion of the legality of the NSA’s… [read post]
5 Apr 2014, 9:00 am by Tim Edgar
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… [read post]