surveillance

Latest in surveillance

surveillance

The ‘Big Brother Watch’ Ruling on U.K. Surveillance Practices: Key Points from an American Perspective

Last month, a divided chamber of the European Court of Human Rights (“ECHR”) (that is, a panel of seven judges from ECHR’s “First Section”) issued an opinion declaring several aspects of British surveillance law to be in violation of the European Convention on Human Rights. The case is called, perhaps inevitably, Big Brother Watch and Others v. The United Kingdom. The opinion is ponderous, to say the least.

surveillance

The NSA and the USA Freedom Act

The National Security Agency has announced a startling failure in the implementation of the USA Freedom Act of 2015. According to a public statement released by NSA on June 28, the call detail records that NSA has been receiving from telephone companies under the Act are infected with errors, NSA cannot isolate and correct those errors, and so it has decided to purge from its data repositories all of the CDRs ever received under the Act.

surveillance

Summary: Jewel v. NSA and the Accidental Deletion of Surveillance Data

The National Security Agency made headlines last week when Politico reported that the agency had made a court filing informing a federal judge that it had accidentally deleted data related to ongoing litigation—Jewel v. NSA—in violation of a court order. The Electronic Frontier Foundation (EFF) sued the NSA in Jewel on behalf of AT&T customers in 2008.

Podcasts

The National Security Law Podcast Episode 15: Skirmishes in the Surveillance Wars

In this surveillance-heavy episode [Please use that link; we're still having trouble with the embed code], Professors Chesney and Vladeck dig into a raft of news about foreign-intelligence collection authorities. They open with an overview of how Section 702 collection authority works, and then unpack the recent news that NSA is dropping the “about” collection component of Upstream collection under 702.

surveillance

Update on Myron Cramer's 1945 Memo on Surveillance Legal Issues

A few days, ago, I wrote this post exploring a 1945 memo from TJAG Myron Cramer regarding various legal issues surrounding the program that evolved into Operation Shamrock (as well as various other, more-conventional, collection activities). At the time I didn't feel free to provide a PDF of the memo itself, since I'd gotten it through the (for-pay) ProQuest database.

Readings

Alan Z. Rozenshtein on Digital Communications and Data Storage Companies as "Surveillance Intermediaries"

Alan Z. Rozenshtein, a former contributor to this site who now works at the Department of Justice, is well known to long-time Lawfare readers for his writing on many national security law topics, particularly on issues of national security law in cyber-related topics. Alan has just posted to SSRN a very interesting and important article on the issues raised by government surveillance in an era that today is perhaps most memorably characterized by the legal standoff between Apple and the Department of Justice over unlocking the cell phone of one of the San Bernardino terrrorists.

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