Good Words, Small Change — Obama on NSA Surveillance

On January 17, 2014 President Obama came to the “Great Room” at the U.S. Department of Justice (for the first time) to announce his reforms to the NSA’s data collection programs in light of the revelations of massive data collection on innocent Americans made by Edward Snowden. While the President offered some limited reforms and…

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Schrodinger’s Catnip Revisited – Part I – The Lawful NSA Metadata Program

In 1935, Austrian physicist Edwin Schrodinger posited a thought experiment illustrating the duality of quantum entanglement.  In his thought experiment, illustrating nuclear decay, a cat placed in a box would be simultaneously dead and alive, and the only way to determine the current state of the cat was to open the box. The NSA’s metadata collection…

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Further Reflections on the NSA Bulk Data Collection

I have already written about how a federal judge in New York ruled that the NSA’s collection of the telephone toll records on every call made is constitutional because, the court opined, all of these records could become relevant in a terrorism case.  If any relevant document exists, all documents helpful in finding that document…

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A Vote in Favor of Making it Tough for Cops to Do Their Jobs

Earlier in this space I wrote about the fact that, despite reports to the contrary, possession of marijuana is NOT legal in Colorado – it is still a federal crime. We have a lot of laws in this county – most of them at the state level.  So, for example in Colorado, it’s illegal for…

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Once More Into the (Data) Breach – House GOP Proposes Obamacare Breach Bill

As if we don’t have enough to worry about, Nextgov.com has reported that the first order of business for House Republicans is to introduce legislation mandating that the HHS CMS disclose all “data breaches” involving the healthcare exchanges. According to the article, House Majority Leader Eric Cantor wants to remove any discretion HHS has in…

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More Legal Gaps in SDNY NSA Bulk Data Collection Decision

A further review of the decision of the Southern District of New York approving the NSA’s bulk data collection of all telephone metadata shows huge legal gaps which can now be used not only by the intelligence community, but by prosecutors and other litigants in the future.  Just a few to focus on here. Collection…

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