The National Security Agency at the Crossroads Speaker
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February 23, 2017 VIA ELECTRONIC TRANSMISSION the Honorable
February 23, 2017 VIA ELECTRONIC TRANSMISSION The Honorable Jeff Sessions Attorney General U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530 Dear Attorney General Sessions: In the midst of ongoing, fast-paced litigation challenging Executive Order 13769, titled “Protecting the Nation from Foreign Terrorist Entry into the United States,” Acting Attorney General Sally Yates ordered the Department of Justice not to defend the Order. In a number of those cases, Justice Department attorneys had only a few days to draft briefs or prepare for hearings at the time of Ms. Yates’ order to stop working on them. Given the very short timeframe the Department attorneys had, Ms. Yates’ instruction to them not to defend the Executive Order meaningfully reduced their preparation time, even though she was fired late on the night of January 30. As a result, the Department attorneys were not as prepared to defend the Executive Order in court as they would have been without Ms. Yates’ interference. For example, just a few days later at the hearing on the state of Washington’s motion for a temporary restraining order, the Department attorneys did not have relevant factual information on hand to answer the judge’s question about the number of terrorism-related arrests of nationals from the countries at issue in the Executive Order. As a result, they were unable to enter facts into the record to dispute the judge’s false claim that there had been none. This likely affected his decision to grant the motion for a temporary restraining order. In the appeal on that issue, the importance of that omission became clear, and was part of the basis of the appeals court’s ruling against the President. -
DIRECTING the Disorder the CFR Is the Deep State Powerhouse Undoing and Remaking Our World
DEEP STATE DIRECTING THE Disorder The CFR is the Deep State powerhouse undoing and remaking our world. 2 by William F. Jasper The nationalist vs. globalist conflict is not merely an he whole world has gone insane ideological struggle between shadowy, unidentifiable and the lunatics are in charge of T the asylum. At least it looks that forces; it is a struggle with organized globalists who have way to any rational person surveying the very real, identifiable, powerful organizations and networks escalating revolutions that have engulfed the planet in the year 2020. The revolu- operating incessantly to undermine and subvert our tions to which we refer are the COVID- constitutional Republic and our Christian-style civilization. 19 revolution and the Black Lives Matter revolution, which, combined, are wreak- ing unprecedented havoc and destruction — political, social, economic, moral, and spiritual — worldwide. As we will show, these two seemingly unrelated upheavals are very closely tied together, and are but the latest and most profound manifesta- tions of a global revolutionary transfor- mation that has been under way for many years. Both of these revolutions are being stoked and orchestrated by elitist forces that intend to unmake the United States of America and extinguish liberty as we know it everywhere. In his famous “Lectures on the French Revolution,” delivered at Cambridge University between 1895 and 1899, the distinguished British historian and states- man John Emerich Dalberg, more com- monly known as Lord Acton, noted: “The appalling thing in the French Revolution is not the tumult, but the design. Through all the fire and smoke we perceive the evidence of calculating organization. -
The Civilian Impact of Drone Strikes
THE CIVILIAN IMPACT OF DRONES: UNEXAMINED COSTS, UNANSWERED QUESTIONS Acknowledgements This report is the product of a collaboration between the Human Rights Clinic at Columbia Law School and the Center for Civilians in Conflict. At the Columbia Human Rights Clinic, research and authorship includes: Naureen Shah, Acting Director of the Human Rights Clinic and Associate Director of the Counterterrorism and Human Rights Project, Human Rights Institute at Columbia Law School, Rashmi Chopra, J.D. ‘13, Janine Morna, J.D. ‘12, Chantal Grut, L.L.M. ‘12, Emily Howie, L.L.M. ‘12, Daniel Mule, J.D. ‘13, Zoe Hutchinson, L.L.M. ‘12, Max Abbott, J.D. ‘12. Sarah Holewinski, Executive Director of Center for Civilians in Conflict, led staff from the Center in conceptualization of the report, and additional research and writing, including with Golzar Kheiltash, Erin Osterhaus and Lara Berlin. The report was designed by Marla Keenan of Center for Civilians in Conflict. Liz Lucas of Center for Civilians in Conflict led media outreach with Greta Moseson, pro- gram coordinator at the Human Rights Institute at Columbia Law School. The Columbia Human Rights Clinic and the Columbia Human Rights Institute are grateful to the Open Society Foundations and Bullitt Foundation for their financial support of the Institute’s Counterterrorism and Human Rights Project, and to Columbia Law School for its ongoing support. Copyright © 2012 Center for Civilians in Conflict (formerly CIVIC) and Human Rights Clinic at Columbia Law School All rights reserved Printed in the United States of America. Copies of this report are available for download at: www.civiliansinconflict.org Cover: Shakeel Khan lost his home and members of his family to a drone missile in 2010. -
By James Juo
, by James Juo • AT AGE 14, Aaron Swartz was working with leading tech extortion by threat of damage to a computer.9 In addition nologists to craft standards for openly sharing informa to traditional computer hacking, the statute also has tion on the Interner.! He then helped Lawrence Lessig with been asserted against employees who take trade secrets Creative Commons, which promotes the use of simple, stored on their employer's computer before leaving to join standardized copyright licenses that give the public per the competition. IO In 1984, Congress enacted the CFAA mission to share and use creative works.2 At 19, he was to criminalize the hacking of computers in connection with a founding developer of Reddit, a widely used social national security, financial records, and government prop news Web site where users can post news links and vote erty.11 The statute was originally designed to cover unau on them.3 Aaron later became a political activist for thorized access of such protected computers having a Internet freedom and social justice issues and formed the specified federal interesr. 12 advocacy group Demand Progress.4 At 26, facing a crim The CFAA has been expanded a number of times. 13 inal trial under the Computer Fraud and Abuse Act For example, a 1994 amendment expanded the statute to (CFAA) for allegedly circumventing computer restric allow private entities to assert a civil cause of action and tions to an online database of academic articles, Aaron obtain compensatory damages and other equitable relief. 14 Swartz hanged himself in January.s In 1996, the CFAA was further amended to expand the Since then, Internet groups have criticized the U.S. -
This Is Almost Certainly James Comey's Twitter Account
Log in / GIZMODO DEADSPIN FUSION JALOPNIK JEZEBEL KOTAKU LIFEHACKER THE Sign ROOT up This Is Almost CertainlyVIDEO SPLOID JamesPALEOFUTURE Comey’sIO9 SCIENCE REVIEWS FIELD GUIDE Twitter Account Ashley Feinberg 3/30/17 3:29pm · Filed to: JAMES COMEY 2.8M 675 226 Digital security and its discontents—from Hillary Clinton’s emails to ransomware to Tor hacks—is in many ways one of the chief concerns of the contemporary FBI. So it makes sense that the bureau’s director, James Comey, would dip his toe into the digital torrent with a Twitter account. It also makes sense, given Comey’s high profile, that he would want that Twitter account to be a secret from the world, lest his follows and favs be scrubbed for clues about what the feds are up to. What is somewhat surprising, however, is that it only took me about four hours of sleuthing to find Comey’s account, which is not protected. Last night, at the Intelligence and National Security Alliance leadership dinner, Comey let slip that he has both a secret Twitter and an Instagram account in the course of relating a quick anecdote about one of his daughters. Kevin Rincon Follow @KevRincon Fun fact: #FBI director James #Comey is on twitter & apparently on Instagram with nine followers. 8:11 PM - 29 Mar 2017 150 139 Who am I to say no to a challenge? As far as finding Comey’s Twitter goes, the only hint he offered was the fact that he has “to be on Twitter now,” meaning that the account would likely be relatively new. -
Fight Terror, Not Twitter: Insulating Social Media from Material Support Claims
Loyola of Los Angeles Entertainment Law Review Volume 37 Number 1 Article 1 Fall 2016 Fight Terror, Not Twitter: Insulating Social Media From Material Support Claims Nina I. Brown Follow this and additional works at: https://digitalcommons.lmu.edu/elr Part of the Entertainment, Arts, and Sports Law Commons, and the Internet Law Commons Recommended Citation Nina I. Brown, Fight Terror, Not Twitter: Insulating Social Media From Material Support Claims, 37 Loy. L.A. Ent. L. Rev. 1 (2017). Available at: https://digitalcommons.lmu.edu/elr/vol37/iss1/1 This Article is brought to you for free and open access by the Law Reviews at Digital Commons @ Loyola Marymount University and Loyola Law School. It has been accepted for inclusion in Loyola of Los Angeles Entertainment Law Review by an authorized administrator of Digital Commons@Loyola Marymount University and Loyola Law School. For more information, please contact [email protected]. ELR – BROWN (V4) (DO NOT DELETE) 1/17/2017 5:09 PM FIGHT TERROR, NOT TWITTER: INSULATING SOCIAL MEDIA FROM MATERIAL SUPPORT CLAIMS NINA I. BROWN Social media companies face a new threat: as millions of users around the globe use their platforms to exchange ideas and information, so do terrorists. Terrorist groups, such as ISIS, have capitalized on the ability to spread propaganda, recruit new members, and raise funds through social media at little to no cost. Does it follow that when these terrorists attack, social media is on the hook for civil liability to victims? Recent lawsuits by families of victims killed in terrorist attacks abroad have argued that the proliferation of terrorists on social media—and social media’s reluctance to stop it—violates the Antiterrorism Act. -
TNSR and Discusses the Joys and Pains of the Review Process, Giving Some Advice for Both Reviewers and Those Submitting Their Work for Review
ISSN 2576-1021 ISSN 2576-1153 Print: Online: Texas National Security Review CLARITY & QUAGMIRE Volume 2 Issue 2 MASTHEAD TABLE OF CONTENTS Staff: The Foundation Publisher: Managing Editor: 04 Reviewing Blues Ryan Evans Megan G. Oprea, PhD Assistant Editor: Francis J. Gavin Autumn Brewington Editor-in-Chief: Associate Editors: William Inboden, PhD Galen Jackson, PhD Van Jackson, PhD Stephen Tankel, PhD The Scholar 10 When Do Leaders Change Course? Theories of Success and the American Withdrawal Editorial Board: from Beirut, 1983–1984 Alexandra T. Evans and A. Bradley Potter Chair, Editorial Board: Editor-in-Chief: 40 How to Think About Nuclear Crises Francis J. Gavin, PhD William Inboden, PhD Mark S. Bell and Julia Macdonald Robert J. Art, PhD Beatrice Heuser, PhD Patrick Porter, PhD Richard Betts, PhD Michael C. Horowitz, PhD Thomas Rid, PhD John Bew, PhD Richard H. Immerman, PhD Joshua Rovner, PhD Nigel Biggar, PhD Robert Jervis, PhD Brent E. Sasley, PhD The Strategist Philip Bobbitt, JD, PhD Colin Kahl, PhD Elizabeth N. Saunders, PhD Hal Brands, PhD Jonathan Kirshner, PhD Kori Schake, PhD 68 After the Responsible Stakeholder, What? Debating America’s China Strategy Joshua W. Busby, PhD James Kraska, SJD Michael N. Schmitt, DLitt Hal Brands and Zack Cooper Robert Chesney, JD Stephen D. Krasner, PhD Jacob N. Shapiro, PhD Eliot Cohen, PhD Sarah Kreps, PhD Sandesh Sivakumaran, PhD 82 Crossroads: Counter-terrorism and the Internet Audrey Kurth Cronin, PhD Melvyn P. Leffler, PhD Sarah Snyder, PhD Brian Fishman Theo Farrell, PhD Fredrik Logevall, PhD Bartholomew Sparrow, PhD 102 The End of the End of History: Reimagining U.S. -
The Lost Nuance of Big Data Policing
THE LOST NUANCE OF BIG DATA POLICING 94 TEX. L. REV. __ (forthcoming 2015) Jane Bambauer* The third party doctrine permits the government to collect consumer records without implicating the Fourth Amendment. The doctrine strains the reasoning of all possible conceptions of the Fourth Amendment and is destined for reform. So far, scholars and jurists have advanced proposals using a cramped analytical model that attempts to balance privacy and security. They fail to account for the filterability of data. Filtering can simultaneously expand law enforcement access to relevant information while reducing access to irrelevant information. Thus, existing proposals will distort criminal justice by denying police a resource that can cabin discretion, increase distributional fairness, and exculpate the wrongly accused. This Article offers the first comprehensive analysis of third party data in police investigations by considering interests beyond privacy and security. First, it shows how existing proposals to require suspicion or a warrant will inadvertently conflict with other constitutional values, including equal protection, the First Amendment, and the due process rights of the innocent. Then it offers surgical reforms that address the most problematic applications of the doctrine: suspect-driven data collection, and bulk data collection. Well-designed reforms to the third party doctrine will shut down the data collection practices that most seriously offend civil liberties without impeding valuable, liberty-enhancing innovations in policing. -
July 13, 2020 the Honorable William P. Barr Attorney General U.S
July 13, 2020 The Honorable William P. Barr Attorney General U.S. Department of Justice 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530 Dear Attorney General Barr: President Trump’s commutation of Roger Stone’s prison sentence for obstructing a bipartisan congressional investigation raises serious questions about whether this extraordinary intervention was provided in exchange for Mr. Stone’s silence about incriminating acts by the President. During your confirmation hearing before the Senate Judiciary Committee in 2019, I asked whether you “believe a President could lawfully issue a pardon in exchange for the recipient’s promise not to incriminate him.”1 Without hesitation or caveat – and under oath – you responded: “No, that would be a crime.”2 Given recently surfaced information indicating that President Trump may have commuted Mr. Stone’s sentence in exchange for his refusal to incriminate the President, pursuant to your own standard, an inquiry by the Justice Department into Mr. Stone’s commutation is clearly warranted. Thanks to recent Freedom of Information Act lawsuits, newly unredacted portions of Special Counsel Mueller’s report reveal that multiple witnesses confirmed then-candidate Trump’s direct knowledge and encouragement of Roger Stone’s efforts to release damaging information about Hillary Clinton stolen by Russian hackers.3 These witnesses’ observations flatly contradict President Trump’s repeated denials of having such knowledge of Mr. Stone’s activities in his written responses to Special Counsel Mueller’s questions.4 After submitting these suspect answers to the Special Counsel, President Trump took to twitter and praised Mr. Stone for being “brave” and having “guts” for refusing to cooperate with investigators and provide incriminating testimony against him.5 Special Counsel Mueller observed that the President’s tweets about 1 Meg Wagner, Veronica Rocha, & Amanda Wills, Trump’s Attorney General Pick Faces Senate Hearing, CNN (last updated Jan. -
Danielle Keats Citron, Professor of Law, Boston University School of Law
PREPARED WRITTEN TESTIMONY AND STATEMENT FOR THE RECORD FOR Danielle Keats Citron, Professor of Law, Boston University School of Law HEARING ON “Fostering a Healthier Internet to Protect Consumers” BEFORE THE House Committee on Energy and Commerce October 16, 2019 John D. Dingell Room, 2123, Rayburn House Office Building Washington, D.C. INTRODUCTION Thank you for inviting me to appear before you to testify about corporate responsibility for online activity and fostering a healthy internet to protect consumers. My name is Danielle Keats Citron. I am a Professor of Law at the Boston University School of Law. In addition to my home institution, I am an Affiliate Faculty at the Berkman Klein Center at Harvard Law School, Affiliate Scholar at Stanford Law School’s Center on Internet & Society, Affiliate Fellow at Yale Law School’s Information Society Project, and Tech Fellow at NYU Law’s Policing Project. I am also a 2019 MacArthur Fellow. My scholarship focuses on privacy, free speech, and civil rights. I have published more than 30 articles in major law reviews and more than 25 opinion pieces for major news outlets.1 My book Hate Crimes in Cyberspace tackled the phenomenon of cyber stalking and what law, companies, and society can do about it.2 As a member of the American Law Institute, I serve as an adviser on Restatement (Third) Torts: Defamation and Privacy and the Restatement (Third) Information Privacy Principles Project. In my own writing and with coauthors Benjamin Wittes, Robert Chesney, Quinta Jurecic, and Mary Anne Franks, I have explored the significance of Section 230 to civil rights and civil liberties in a digital age.3 * * * Summary: In the early days of the commercial internet, lawmakers recognized that federal agencies could not possibly tackle all noxious activity online. -
Download Legal Document
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK IN RE ORDER REQUIRING APPLE, INC. TO ASSIST IN THE EXECUTION OF A SEARCH WARRANT ISSUED BY THIS COURT. No. 1:15-mc-01902-JO BRIEF OF AMICI CURIAE AMERICAN CIVIL LIBERTIES UNION, NEW YORK CIVIL LIBERTIES UNION, ELECTRONIC FRONTIER FOUNDATION, AND JENNIFER GRANICK AND RIANA PFEFFERKORN Arthur Eisenberg Esha Bhandari Mariko Hirose Alex Abdo New York Civil Liberties Union American Civil Liberties Union 125 Broad Street, 19th Floor Foundation New York, NY 10004 125 Broad Street, 18th Floor Tel: 212-607-3300 New York, NY 10004 [email protected] Tel: 212-549-2500 [email protected] Jennifer Stisa Granick (CA Bar #168423) Andrew Crocker Director of Civil Liberties* Nathan D. Cardozo Riana Pfefferkorn (CA Bar #266817) Electronic Frontier Cryptography Policy Fellow* Foundation Stanford Law School 815 Eddy Street Center for Internet and Society San Francisco, CA 94109 559 Nathan Abbott Way Tel: 415-436-9333 Stanford, CA 94305 [email protected] Tel: 650-736-8675 [email protected] * For affiliation purposes only TABLE OF CONTENTS TABLE OF AUTHORITIES .............................................................................................................ii SUMMARY OF ARGUMENT .........................................................................................................2 BACKGROUND ...............................................................................................................................3 ARGUMENT .....................................................................................................................................3 -
DIRECTING the Disorder the CFR Is the Deep State Powerhouse Undoing and Remaking Our World
Charting the CFR’s Political Dominance • Rethinking Discrimination August 10, 2020 • $3.95 www.TheNewAmerican.com THAT FREEDOM SHALL NOT PERISH DIRECTING THE Disorder The CFR is the Deep State powerhouse undoing and remaking our world. NEW CHINA: THE DEEP STATE’S TROJAN HORSE IN AMERICA This exposé shows that the Chinese Communist plan to subvert America is well underway, and is being aided by the Deep State. Will Americans wake up before the tipping point? By Arthur R. Thompson, CEO, The John Birch Society (2020ed, pb, 132pp, 1-11/$7.95ea; 12-23/$5.95ea; 24-49/$3.95ea; 50+/$2.95ea) BKCDSTHA ✁ Order Online: Mail completed form to: QUANTITY TITLE PRICE TOTAL PRICE ShopJBS • P.O. BOX 8040 www.ShopJBS.org APPLETON, WI 54912 Credit-card orders call toll-free now! 1-800-342-6491 Name ______________________________________________________________ Address ____________________________________________________________ SHIPPING/HANDLING WI RESIDENTS ADD City _____________________________ State __________ Zip ________________ SUBTOTAL (SEE CHART BELOW) 5.5% SALES TAX TOTAL Phone ____________________________ E-mail ______________________________ 0000 ❑ ❑ ❑ 000 0000 000 000 For shipments outside the U.S., please call for rates. Check VISA Discover 0000 0000 0000 00 Order Subtotal Standard Shipping Rush Shipping ❑ Money Order ❑ MasterCard ❑ American Express VISA/MC/Discover American Express Three Digit V-Code Four Digit V-Code $0-10.99 $6.36 $9.95 Standard: 4-14 $11.00-19.99 $7.75 $12.75 business days. Make checks payable to: ShopJBS ___ ___ ___ ___ ___ ___ ___ $20.00-49.99 $9.95 $14.95 Rush: 3-7 business $50.00-99.99 $13.75 $18.75 days, no P.O.