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 […]
Category: National Security
Posts about National Security by Professor Daniel J. Solove for his blog at TeachPrivacy, a privacy awareness and security training company.
The Boy Who Cried “National Security”: The Need for Greater Skepticism About 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:
Judge Strikes Down Part of USA Patriot Act
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 FBI’s New Surveillance System
Remember the good old days, when the FBI used tools such as Carnivore, the device that sifted through email traffic at ISPs. The FBI renamed the device DCS-1000 to sound less ominous and mean, but the name Carnivore stuck. Later on, Carnivore no longer became necessary, as ISPs could deliver the goods to the FBI […]
The Problems With 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
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 […]
NSA Surveillance: There’s More
A while back, it was reported that the Bush Administration authorized the NSA to engage in warrantless wiretapping. Based on the information released so far, the program was likely illegal. Now, it appears that the warrantless wiretapping program (more innocuously renamed the “Terrorist Surveillance Program,” or “TSP”) is just the tip of a larger iceberg.
Amending the Foreign Intelligence Surveillance Act
From the New York Times: Under pressure from President Bush, Democratic leaders in Congress are scrambling to pass legislation this week to expand the government’s electronic wiretapping powers.
EFF Obtains Documents from FBI About Surveillance Abuses
EFF has obtained a big bunch of documents from the FBI via the Freedom of Information Act pertaining to its surveillance abuses. From the EFF announcement: