Unlawfully Detained by the U.S. Government? Don't Bother Suing.
October 17, 2013
Last Monday, on the same day as the opening of the new Supreme Court term, the federal appeals court in San Francisco threw out a damages suit by a former Guantánamo detainee who alleged that his detention and his treatment while detained had been un
Ladar Levison, owner of the now-defunct encrypted email site Lavabit, made headlines back in August when he shut the service down to avoid “becom[ing] complicit in crimes against the American people.” But the Lavabit saga is far from over.
For the past two weeks, Security States has been exploring the possibility of liability for software design flaws. It’s a critical issue—and likely the right answer from an economic perspective. But at this point that answer is theoretical.
We Need to Regulate Surveillance in Our Cities Before It's Too Late
October 14, 2013
The New York Times reports today that "Privacy Fears Grow as Cities Increase Surveillance." The main theme is that municipal police and law enforcement agencies around the country are deploying new and more sophisticated data gathering and analysis t
Why Is Our Cybersecurity So Insecure?
October 11, 2013
It’s true: perfectly secure software is a pipedream. Experts agree that we cannot make software of “nontrivial size and complexity” free of vulnerabilities. Moreover, consumers want feature-rich, powerful software and they want it quickly; and this tends to produce huge, bulky, poorly-written software, released early and without adequate care for security.
Obama's Crackdown on Leaks Won't Stop Secrets From Coming Out
October 10, 2013
The Obama administration is engaged in an unprecedented campaign to control the flow of information to the press, characterized by “legal policies . . .
"Take the Drugs, But Don't Take the People's Bitcoins"
October 09, 2013
The latest Edward Snowden leak and the FBI’s shut-down last week of an online drug market might not seem connected. But they actually have an important common thread: an unregulated virtual currency called bitcoin.Snowden’s latest bombshell, published by the Washington Post, shares details of NSA’s infiltration of Tor, an Internet browser that cloaks its users in anonymity.
What Happens When an Al Qaeda Suspect Is Detained at Sea?
October 08, 2013
Al-Qaeda operative Abu Anas Al-Liby's coming prosecution may be difficult to challenge legally, despite his military detention and interrogation aboard a U.S. naval vessel.
Justice Scalia gave a long interview to New York magazine this week, sharing his thoughts on the devil, homosexuality, and "Seinfeld." But setting aside whether he's right about the soup nazi, the justice's legal reasoning is hopelessly incoherent, w
Six Things Supreme Court Justice Antonin Scalia Hates About America
October 07, 2013
Antonin Scalia, why do you hate America?