PRIVACY + SECURITY BLOG

News, Developments, and Insights

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The Boy Who Cried “National Security”: The Need for Greater Skepticism About Government Secrecy

Government Secrecy

I just blogged about an incident where the 2nd Circuit sought to have Howard Bashman remove an unredacted judicial decision from his site and replace it with a redacted version. Apparently, the redacted version attempted to remove information about a rather dicey interrogation technique the FBI used. According to Tony Mauro of the Legal Times:

Who, Exactly, Is a Journalist?

Definition of Journalist

Is Howard Bashman a journalist? Bashman is the author of How Appealing, a very popular legal blog that many readers here read — and that anybody who wants to keep informed about new cases and legal developments should be reading. Bashman frequently posts or links to court decisions when they are released online, and a […]

Judge Strikes Down Part of USA Patriot Act

Surveillance

In Mayfield v. United States, U.S. District Judge Ann Aiken (District of Oregon) held that parts of the Foreign Intelligence Surveillance Act (FISA) of 1978, which were altered by the USA Patriot Act in 2001, are unconstitutional. The case was brought by Brandon Mayfield, a who was put under extensive surveillance and then detained for […]

The Problems With Terrorist Watch Lists

Terrorist Watch Lists

From the Washington Post: The government’s terrorist screening database flagged Americans and foreigners as suspected terrorists almost 20,000 times last year. But only a small fraction of those questioned were arrested or denied entry into the United States, raising concerns among critics about privacy and the list’s effectiveness. A range of state, local and federal […]

Congress, the President, and NSA Surveillance

NSA

Congress recently passed a broad authorization of the NSA surveillance program, bowing to pressure from President Bush. From the New York Times: Racing to complete a final rush of legislation before a scheduled monthlong break, the House voted 227 to 183 to endorse a measure the Bush administration said was needed to keep pace with […]

ACLU v. NSA and the Foreign Intelligence Surveillance Act

NSA

In an earlier post, I discussed some of the constitutional issues involved in ACLU v. NSA, –F.3d — (6th Cir. 2007). In this case, a panel from the 6th Circuit concluded that the ACLU and other plaintiffs lacked standing to challenge the Bush Administration’s warrantless wiretapping program conducted by the National Security Agency (NSA). The program is […]