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.    

Antonin Scalia's Legal Logic is Lousier Than His 'New York' Interview
October 07, 2013

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?

How to Find Out What Big Data Knows About You
October 07, 2013

Behind pervasive data collection lurks a question most of us are asking – does it really matter?

The NSA Controversies: A Guide for the Perplexed
October 04, 2013

Three separate items that may be of value, if you’re one of those people who is trying to figure out what to make of the whole NSA-Snowden-FISA mess.

Would Abandoning the War Model of Counterterrorism Make a Difference from a Legal Perspective?
October 04, 2013

There is no doubt that one of the most controversial and significant ideas of the post-9/11 period has been the claim that the U.S is in a state of armed conflict with al Qaeda.