PRIVACY + SECURITY BLOG

News, Developments, and Insights

Judge Posner’s Not a Suicide Pact

I’ve just finished reading Judge Richard Posner’s new book, Not a Suicide Pact: The Constitution in a Time of National Emergency (Oxford, 2006). The book is a slender volume, with a remarkable feat for a law professor — absolutely no footnotes or endnotes or citations of any sort save a short bibliography at the end.

Security Choices

In discussing security vs. civil liberties, I’ve argued that too little questioning of the security side of the balance is going on. The government engages in some elaborate and expensive program in the name of security, and instantly the debate shifts to whether we can deal with the sacrifices in civil liberties. The effectiveness of the security […]

NSA Surveillance and the First Amendment

Earlier today, a federal district judge struck down the Bush Administration’s NSA surveillance program which involved intercepting international electronic communications without a warrant. The opinion is available here. I have not had time to read the opinion carefully yet, but I am especially intrigued by the court’s use of the First Amendment as one of the […]

NYC Subway Searches

The U.S. Court of Appeals for the 2nd Circuit recently upheld New York City’s program of random searches at subways. The case is McWade v. Kelly, No. 05 6754 CV (2d Cir. 2006). The program was initiated after the London subway bombing. Back in December, 2005, a federal district court upheld the searches, which are conducted […]

Employer Liability for Not Monitoring Its Employees’ Computer Use

The United States v. Ziegler case I wrote about in a previous post brings to mind a radical employment law case decided last December in New Jersey. [Thanks to Charlie Sullivan and Timothy Glynn for bringing the case to my attention]. The case is Doe v. XYC, 887 A.2d 1156 (N.J. Super. 2005). Since I couldn’t find a version […]