PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

Should J. Edgar Hoover’s Name Be Removed From the FBI Building?

FBI Building J Edgar Hoover

A recent article in the LA Times discusses the ongoing debate about whether to remove J. Edgar Hoover’s name from the FBI building. J. Edgar Hoover was the head of the FBI from 1924, its early days before it was even called the FBI (it used to be called the Bureau of Investigation), until his death in […]

Whistleblowing, Journalist Privilege, and NSA Surveillance

Whistleblowing NSA

The DOJ has launched a probe into the leaking of the NSA surveillance program to the New York Times: “The leaking of classified information is a serious issue. The fact is that al-Qaida’s playbook is not printed on Page One and when America’s is, it has serious ramifications,” Duffy told reporters in Crawford, Texas, where Bush was […]

Judge Posner’s Troubling Call for Massive Surveillance

Government Surveillance Richard Posner

Judge Richard Posner has written an op-ed in the Washington Post today where he calls for a massive program of surveillance of U.S. citizens — their email, documents, phone conversations, nearly everything they say or do — regardless of whether they are suspected of any wrongdoing or not. Posner’s argument is quite startling and troublesome. Posner […]

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 […]