PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

Hypothetical: What If President Bush Were Correct About His Surveillance Powers?

Surveillance

There’s been some terrific analysis in the blogosphere about whether President Bush is correct that he had the power to authorize warrantless surveillance. (See here and here for a roundup of posts.) The arguments thus far focus on what the President has already done, but the President has stated that he will continue the warrantless surveillance [link no longer available] […]

Beyond His Power: Bush’s Authorization of Warrantless NSA Surveillance

Surveillance Government

In this post, I aim to explore more in depth whether Bush had the legal power to authorize warrantless NSA surveillance. As I was putting the finishing touches on this post, I noticed that Orin Kerr beat me to the punch, and I find that we’ve identified the same issues and are in substantial agreement. His post […]

Did Bush Have the Legal Authority Under FISA to Authorize NSA Surveillance?

NSA Surveillance

Yesterday, I blogged about a startling story in the NY Times about President Bush’s authorizing the NSA to conduct domestic surveillance without a warrant or even a court order. According to the NY Times story, the “legal opinions that support the N.S.A. operation remain classified.” Today in the NY Times is a follow-up story about the legal basis for the […]

30,000 Innocent Travelers Flagged on Airline Screening Lists

Airline Screening TSA

From ZDNET: About 30,000 airline passengers have discovered since last November that their names were mistakenly matched with those appearing on federal watch lists, a transportation security official said Tuesday. Jim Kennedy, director of the Transportation Security Administration’s redress office, revealed the errors at a quarterly meeting convened here by the U.S. Department of Homeland Security’s […]

Subways, Searches, and Slippery Slopes

Subway Searches

The gloves are off. Dave Hoffman has lodged another challenge to my position, and I want to take a quick moment to defend myself. I believe that Dave mischaracterizes my arguments in several places and exaggerates some of my claims. So I’ll attempt to clear up any confusion as to my positions and try to defend my […]