PRIVACY + SECURITY BLOG

News, Developments, and Insights

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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 1972. Throughout his career, Hoover engaged in a massive array of abuses. According to the LA Times article:

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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 spending the holidays.

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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 writes:

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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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