MENU

Due Process

Surveillance, National Security, and Privacy: The PCLOB Report on Section 702 Surveillance - Podcast

International & National Security Law Practice Group Podcast
Rachel Brand, James X. Dempsey, Matthew R.A. Heiman August 14, 2014

The Privacy and Civil Liberties Oversight Board (PCLOB) recently released its report on the surveillance program authorized under Section 702 of the Foreign Intelligence Surveillance Act. The report includes an evaluation of whether the surveillance program comports with the terms of the statute, an evaluation of the Fourth Amendment issues raised by the program, and a discussion of the treatment of non-U.S. persons under the program. Also, the report makes policy recommendations for the program going forward. Two members of the PCLOB will discuss the report on this Teleforum and answer audience questions.

  • Hon. Rachel Brand, Chief Counsel for Regulatory Litigation, National Chamber Litigation Center, United States Chamber of Commerce; Member, Privacy and Civil Liberties Oversight Board; former Assistant U.S. Attorney General for Legal Policy, United States Department of Justice
  • Hon. James X. Dempsey, Senior Counsel, Center for Democracy & Technology; Member, Privacy and Civil Liberties Oversight Board
  • Moderator: Matthew R.A. Heiman, Vice President, Chief Compliance & Ethics Officer, Tyco

Privacy and National Security: The Merits of the Leahy FISA Reform Bill - Podcast

International & National Security Law Practice Group Podcast
Stewart A. Baker, Harley Geiger August 13, 2014

Following the Snowden leaks, the country is once again re-examining the proper balance between national security and individual privacy. Senator Patrick Leahy (Vermont) has introduced a bill that would revise aspects of certain NSA surveillance programs. Two leading experts addressed the merits of this bill.

  • Hon. Stewart A. Baker, Partner, Steptoe & Johnson LLP
  • Harley Geiger, Senior Counsel and Deputy Director, Freedom, Security and Surveillance Project, Center for Democracy & Technology

The Legal and Policy Implications of Closing Guantánamo Bay - Podcast

International & National Security Law Practice Group Podcast
John O'Quinn, Stephen I. Vladeck June 11, 2014

Guantanamo BayWould relocation of War on Terror detainees currently held at Guantánamo Bay, Cuba into the United States result in detainees’ possible eligibility for removal from the U.S. under any grounds, or give to those detainees additional U.S. constitutional rights they do not currently possess? Would their relocation result in a new spate of litigation designed to assert such claims, even if those claims are not ultimately successful? As a policy matter, is relocation a good idea? Our experts discussed these and other questions, many of which are also addressed in the May 14, 2014, Department of Justice report, linked here.

  • John C. O'Quinn, Partner, Kirkland & Ellis LLP
  • Prof. Stephen I. Vladeck, Associate Dean for Scholarship, American University Washington College of Law

Walden v. Fiore - Post-Decision SCOTUScast

SCOTUScast 4-21-14 featuring Paul Stancil
Paul J. Stancil April 21, 2014

Paul StancilOn February 25, 2014, the Supreme Court issued its decision in in Walden v. Fiore. This case involves a dispute over personal jurisdiction. For a court to validly adjudicate a dispute, it must possess jurisdiction over the parties before it. Here the question is whether due process permits a federal court in Nevada to exercise personal jurisdiction over a law enforcement defendant in Atlanta, Georgia regarding an allegedly improper seizure of the plaintiffs’ gambling winnings that took place in transit at Atlanta’s airport. In addition, there is a question of whether Nevada is a proper venue to adjudicate the parties’ dispute under the terms of an applicable federal statute.

In a unanimous decision delivered by Justice Thomas, the Court held that the United States District Court for the District of Nevada lacked personal jurisdiction over the petitioner. Given the lack of jurisdiction, the Court did not reach the venue issue. The decision of the Ninth Circuit was reversed.

To discuss the case, we have Paul Stancil, who is a Professor of Law at the University of Illinois College of Law.