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Full-Text Articles in Law

Did The National Security Agency Destroy The Prospects For Confidentiality And Privilege When Lawyers Store Clients' Files In The Cloud--And What, If Anything, Can Lawyers And Law Firms Realistically Do In Response?, Sarah Jane Hughes Jan 2014

Did The National Security Agency Destroy The Prospects For Confidentiality And Privilege When Lawyers Store Clients' Files In The Cloud--And What, If Anything, Can Lawyers And Law Firms Realistically Do In Response?, Sarah Jane Hughes

Articles by Maurer Faculty

No abstract provided.


Cybersecurity And The Administrative National Security State: Framing The Issues For Federal Legislation, David G. Delaney Jan 2014

Cybersecurity And The Administrative National Security State: Framing The Issues For Federal Legislation, David G. Delaney

Articles by Maurer Faculty

In the digital age, every part of federal government has critical cybersecurity interests. Many of those issues are brought into sharp focus by Edward Snowden's disclosure of sensitive government cyber intelligence programs conducted by the National Security Agency, the Federal Bureau of Investigation, and the Central Intelligence Agency. Courts are reviewing various constitutional and statutory challenges to those programs, two government review groups have reported on related legal and policy issues, and Congress is considering cyber intelligence reform proposals. All of this action comes on the heels of significant efforts by successive administrations to restructure government and pass comprehensive cybersecurity …


Fisa Reform, Laura K. Donohue Jan 2014

Fisa Reform, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

Congress and the Executive Branch are poised to take up the issue of FISA reform in 2014. What has been missing from the discussion is a comprehensive view of ways in which reform could be given effect—i.e., a taxonomy of potential options. This article seeks to fill the gap. The aim is to deepen the conversation about abeyant approaches to foreign intelligence gathering, to allow fuller discussion of what a comprehensive package could contain, and to place initiatives that are currently under consideration within a broader, over-arching framework. The article begins by considering the legal underpinnings and challenges to the …