The US Supreme Court Friday unanimously ruled in favor of the FBI in Federal Bureau of Investigation v. Fazaga, holding that the state secrets privilege used to block the disclosure of information that the government finds harmful to national security is not displaced by the Foreign Intelligence Surveillance Act (FISA). The lawsuit was filed in [...]
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Interview: Brennan Center's Elizabeth Goitein on Supreme Court Fight Against Government Surveillance
JURIST Deputy Features Editor Anne Bloomberg recently spoke with Elizabeth Goitein, director of the Brennan Center for Justice’s Liberty and National Security Program, about the case FBI v. Fazaga, for which the Supreme Court held oral arguments last week. The following has been edited and condensed for clarity. Anne Bloomberg (JURIST): Could you briefly explain [...]
Supreme Court hears oral arguments in surveillance and copyright cases
The United States Supreme Court heard oral arguments Monday in Federal Bureau of Investigation v. Fazaga and Unicolors, Inc. v. H&M Hennese & Mauritz. While neither case is particularly high profile, both involve subtle interpretations of surveillance and copyright law, respectively. In Fazaga, the FBI is being sued for allegedly conducting improper surveillance on a set [...]
Federal appeals court upholds dismissal of Wikimedia lawsuit against NSA
The US Court of Appeals for the Fourth Circuit upheld Wednesday the dismissal of a lawsuit filed by Wikimedia Foundation against the National Security Agency (NSA) for intercepting and searching international internet communications. The NSA uses Upstream, a surveillance program authorized under the Foreign Intelligence Surveillance Act. NSA’s use of the program was illegally leaked [...]
US charges Chinese prosecutor, 8 others with obstruction of justice, international stalking
The US Department of Justice (DOJ) has charged nine individuals, including a Chinese prosecutor, with conspiring to act as illegal agents of China, international stalking, and obstruction of justice. According to the indictment filed Thursday by a federal grand jury in New York, the individuals charged were Lan Tu, Yongqiang Zhai, Ji Hu, Minjun Li, [...]
In Carpenter v. the United States, the Supreme Court of the United States acknowledged how digital data could provide intrusive details in one click and change the legal definition of privacy forever. The way a common man uses the internet without diving into complexes of his staked rights puts him in jeopardy. Recently, Intermediary Guidelines [...]
Where International Justice is Failing the Uyghurs, Economic Tactics Can Advance Real Change
Between one and three million Uyghurs and other members of Muslim minority groups, including Kazakhs and Kyrgyz, have reportedly been detained in some 1,200 hastily built re-education camps in the Xinjiang Uyghur Autonomous Region (XUAR) of Western China since 2017. Reports of arbitrary detention, forced labor, sterilization, sexual abuse and extrajudicial killings are rife. The [...]
US Ninth Circuit rules mass surveillance program exposed by Snowden was unlawful
The US Court of Appeals for the Ninth Circuit ruled Wednesday that the US government’s mass surveillance program exposed by Edward Snowden seven years ago was unlawful. The ruling was handed down as part of the court’s decision in a case involving four members of the Somali diaspora who were convicted for sending or conspiring to [...]
Ex-FBI lawyer pleads guilty in probe of Trump campaign's Russia ties
A former attorney for the FBI pleaded guilty on Wednesday to doctoring an email in relation to the Bureau’s investigation of ties between President Donald Trump’s 2016 campaign and the Russian government. Kevin Clinesmith, a former Assistant General Counsel for the FBI’s National Security and Cyber Law Branch, was assigned to provide legal support for [...]
The TikTok Controversy Should Be a Catalyst for a Deeper Look at China's Data Governance Policies
To Americans, TikTok means many things. For some, it is only an onomatopoeia. To others, it is the defining social media app of their generation. For Republicans and Democrats, it may be the one foe that can actually unite the two parties. But the policy world should let it act as a catalyst for a [...]