In August of 2013, the Department of Defense (“DoD”) released a notice of proposed rulemaking (“NPRM”). The proposed rule “update[d] the established policies, guidance, and assigned responsibilities…
Tag: NSA
White Hat, Black Hat, Bleeding Heart
Let’s start with the Heartbleed bug. Since the announcement of Heartbleed last week, everyone has been paying attention to security vulnerabilities – a typically niche technical…
There Are No OLC Opinions About PRISM or 215, So Who Decided It Was Legal?
In light of the President’s recent announcement that the NSA’s bulk collection of telephone metadata will end, there is a renewed interest in Congress to revise U.S. surveillance…
New Reports Reveal Flaw in Government’s Justification for NSA Metadata Program
New reports from the Wall Street Journal and the Washington Post reveal that the NSA’s collection of telephone call records under Section 215 of the USA PATRIOT Act is…
Does the Fourth Amendment Protect International Packages?
According to a recent report by the German news site Der Speigel, the NSA’s elite hacking division, known as Tailored Access Operations or TAO, has worked with…
Skipping Classified Briefings: Why Not Attending Makes Sense from a Functional Perspective
This past year, there has been a great deal of commentary, some of it derisive, regarding Representative James Sensenbrenner’s claim to have skipped relevant classified…