PRIVACY + SECURITY BLOG

News, Developments, and Insights

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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] “for so long as the nation faces the continuing threat of an enemy that wants to kill American citizens.”

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Should Divorce Records Be Public or Private?

Privacy of Divorce Records

USA Today story raises the issue about whether divorce records should be public or private. The article has a good discussion of the law of divorce record confidentiality, and it has examples of several cases where reporters obtained divorce records of celebrities and politicians in order to glean juicy bits of gossip. One of the most interesting cases involves Republican U.S. Senate candidate Jack Ryan, who ran in Illinois in 2004:

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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 is a lot longer and more detailed than mine (which is quite long itself), so read mine for a broader overview and Orin’s for the treatise-length account.

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Should Google, Yahoo, and Microsoft Help China Filter Searches?

China Internet Shaming

An interesting article from Salon discusses how Google, Yahoo, and Microsoft assist the Chinese government with censorship. The companies filter out search results that the government wants to censor, and they help the government track down individuals engaging in criticism and dissent:

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Freakonomics, The Apprentice, Student Grades, and Privacy

Freakonomics Apprentice Privacy

The ending of this season’s The Apprentice (with Donald Trump) has everybody talking. Rebecca Jarvis and Randal Pinkett were the finalists, both of whom Trump thought were outstanding stars. He hired Randal and later asked Randal whether he should also hire Rebecca. Randal said “no” because “there can be only one Apprentice” and the show is called “the Apprentice, not the Apprenti [sic].” Ann Althouse has more details and extensive commentary here and here.

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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 President’s actions. According to the story:

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