For the past several months, Congress has been wrangling over how to amend the Foreign Intelligence Surveillance Act to allow for the NSA warrantless surveillance program. The fact that the NSA surveillance program was clearly illegal — even under charitable creative dubiously-plausible fantastical interpretations of the law — seems to have quickly been forgotten. The […]
Category: NSA
Posts about the National Security Agency (NSA) by Professor Daniel J. Solove for his blog at TeachPrivacy, a data security training company.
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 […]
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:
ACLU v. NSA and the Foreign Intelligence Surveillance Act
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 […]
The CIA “Family Jewels” Documents
The CIA has recently released about 700 pages of previously-classified documents, some of which reveal abuses in the name of national security. The CIA calls these documents the “family jewels.” The documents were created in connection with a report of CIA abuses for its former director, James Schlesinger. According to a BBC article:
FBI Plans Data Mining Project
Several years ago, the Department of Defense began developing a program called Total Information Awareness, a massive data mining project analyzing personal information on every citizen of the United States. After a series of blistering op-eds and strong negative public reaction, the Senate voted to stop all funding for the program.
Can the First Amendment Serve as a Source of Criminal Procedure?
Typically, when we think of the constitutional criminal procedure that regulates government information gathering, we think of the Fourth and Fifth Amendments. But many government investigations involve collecting information about speech, association, religion, and the consumption of ideas. The NSA surveillance of telephone calls, for example, involves speech. National Security Letters can be used to […]
Criticize Bush, Get Extra Airline Screening?
At Balkinization, Mark Graber posts an email from Princeton Professor Walter Murphy, who writes about his ordeal over being on an airline screening list:
The NSA Bill in the Mainstream Media vs. the Blogosphere
In reading the mainstream media accounts, one would get the impression that Senator Specter’s NSA surveillance bill is a compromise with the Administration, a way to limit Executive power, and that the Administration is reluctantly capitulating to judicial oversight.