Spying In Plain Sight

Last week, the Biden administration asked Congress to permit its agents to continue to spy on Americans without search warrants. The actual request was to re-authorize Section 702 of the Foreign Intelligence Surveillance Act of 1978. FISA requires warrants from the...

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War and Indifference

Which is more destructive to personal liberty, a government that engages in secret acts of war or a public and news media that are indifferent to it? In the current American toxic stew of anti-Russian hatred and beating the drums of war – in President Joe Biden's...

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The FBI and Personal Liberty

Among the lesser-known holes in the Constitution cut by the Patriot Act of 2001 was the destruction of the "wall" between federal law enforcement and federal spies. The wall was erected in the Foreign Intelligence Surveillance Act of 1978, which statutorily...

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A Government That Assaults Liberty

During the course of an FBI written response to a Freedom of Information Act request asking about the trade names and suppliers of surveillance software the FBI had purchased, and in a legal brief submitted to a federal judge, the government has yet again quietly...

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Searching for Monsters

"America goes not abroad in search of monsters to destroy ... She might become the dictatress of the world, But she would no longer be the ruler of her own spirit." ~ John Quincy Adams (1767-1848) In the middle of his term as Secretary of State, the future...

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The FBI and Zero-Click

During the Trump administration, the FBI paid $5 million to an Israeli software company for a license to use its "zero-click" surveillance software called Pegasus. Zero-click refers to software that can download the contents of a target's computer or mobile...

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Bush, Guantanamo, and the Rule of Law

Last week, the government announced that it does not want to try Khalid Shaikh Mohammed and four of his colleagues whom it claims are the remaining conspirators of the attacks on 9/11. All five are awaiting trial at the U.S. Naval Base in Guantanamo Bay, Cuba. The...

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Killing With Near Certainty

Last week, President Joseph R. Biden Jr. secretly reaffirmed his own self-willed authority to kill persons in other countries, so long as the CIA and its military counterparts have "near certainty" that the target of the homicide is a member of a terrorist...

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Edward Snowden: An American in Moscow

When the Trump administration obtained an indictment of Edward Snowden for violation of the Espionage Act of 1917, many of us who believe that the Fourth Amendment means what it says were deeply critical of the government, and we remain so today. This week, retaining...

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