Square Legal Pegs in Round Cyber Holes: The NSA, Lawfulness, and the Protection of Privacy Rights and Civil Liberties in Cyberspace

One of the major themes of the Cyberspace Policy Review (the Review) is that a national strategy on cybersecurity must be consistent with the protection of privacy rights and civil liberties guaranteed by the Constitution and the law.

National Security Law Advice to the New Administration

By any measure, the period between September 11, 2001, and the 2008 presidential election witnessed an unprecedented tangle of controversies at the intersection of national security law and policy.

An Assessment of the Evolution and Oversight of Defense Counterintelligence Activities

For more than thirty years, our country has struggled to delineate the boundaries of domestic intelligence operations. Americans tend to regard those government components exercising national security powers within the borders of the United States (whether under clear authority or not) with an inherent suspicion bolstered by historical experience. We tolerate the existence of such components but insist that they be highly regulated, particularly with respect to any activities that impinge upon civil society. Historical circumstances influence, but never erase, this regulatory imperative. Despite this imperative, components may occasionally escape regulation – at least for a time – because they are unknown, their missions remain mysterious or only partially understood, or because (intentionally or not) a convincing illusion of sufficient regulation is presented to the examining eye.