PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

ACLU vs. NSA: Standing to Challenge NSA Warrantless Wiretapping

Standing 01

In ACLU v. NSA, –F.3d — (6th Cir. 2007), a panel from the 6th Circuit held that the ACLU and other plaintiffs lacked standing to challenge the Bush Administration’s warrantless wiretapping program conducted by the National Security Agency (NSA). NYT coverage is here. According to the sketchy details known about the program, the court noted, […]

The CIA “Family Jewels” Documents

CIA Logo

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

Data Mining

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.

Google’s Street View and Privacy

Google Street View

Google has added a new feature in selected cities to Google Maps. This new feature allows users to view street level shots of each block. For a long time, Google Maps has provided satellite images from above, but Street View allows people to view an area as if standing on the sidewalk. From the NY Times:

Data Mining and the Security-Liberty Debate

Government Data Collection

I’ve written a short essay (about 20 pages), entitled Data Mining and the Security-Liberty Debate, for an upcoming symposium on surveillance for the U. Chicago Law Review. The symposium website is here [link no longer available]. The symposium looks to be a terrific event. The event will be held on June 15-16, 2007 (registration information is available […]

Can the First Amendment Serve as a Source of Criminal Procedure?

Constitution First Amendment

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 […]

National Security Letter Violations by the FBI

FBI logo

According to the a DOJ investigation, the FBI has violated the law on several occasions in connection with the issuance of National Security Letters (NSLs). A NSL is a demand letter issued to a particular entity or organization to turn over various record and data pertaining to individuals. They do not require probable cause, a warrant, […]

NSA Surveillance and the First Amendment

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

Subway

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 […]