Elizabeth Goitein

@LizaGoitein

Co-director of the Liberty and National Security Program at the Brennan Center for Justice, erstwhile oboist, mom of seriously cute twins. Opinions are my own.

Vrijeme pridruživanja: ožujak 2015.

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  1. Prikvačeni tweet
    9. velj 2017.

    So elegantly simple, it could almost be a tweet:

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  2. 2. velj

    They keep using that word "perfect." I do not think it means what they think it means.

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  3. 17. sij

    OK, I have to ask... what even IS a “perfect phone call”??? You dial the numbers without error? Both parties successfully communicate words? No one accidentally hangs up before it’s over? What on earth could make a phone call “perfect”??

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  4. 15. sij

    Since war powers seem to be somewhat in the news these days... here are some remarks I made at an event on the Hill in November, discussing Congress's role in military conflict and the growing gap between Constitutional principle and practice:

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  5. 8. sij
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  6. 5. sij

    If Trump had deliberately set a goal for himself these past three months to do everything possible to empower the Islamic State, he couldn't have done a better job.

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  7. 4. sij

    Important information about what the real justification for killing Suleimani was, and wasn't. Read the whole thread.

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  8. 3. sij

    This should scare us all... a LOT. It's way past time for Congress to reclaim the constitutional warmaking power that it has allowed presidents to usurp.

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  9. 3. sij
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  10. 18. pro 2019.

    Still, the panel's approach to backdoor searches represents a significant advance in Section 702 jurisprudence and an exciting victory for Americans' constitutional rights. Thanks to the for their excellent and tireless work on this incredibly important issue! 11/11

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  11. 18. pro 2019.

    This misguided conclusion is based on a fundamental misreading of another line of cases, as I've written about in the American Criminal Law Review. It's a major constitutional misstep with potentially widespread implications. 10/11

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  12. 18. pro 2019.

    In essence, these courts have held that the lack of 4th Amendment rights for foreigners effectively extinguishes the rights of the Americans with whom they communicate, at least at the point of collection. 9/11

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  13. 18. pro 2019.

    I have one other beef with the panel's decision: the Second Circuit joined the small but growing group of courts that have held that no warrant is needed for the initial collection of communications between foreign targets and Americans. 8/11

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  14. 18. pro 2019.

    I wish the panel had gone further and explicitly stated that a warrant would be required unless one of the established exceptions to the warrant requirement (like "exigency") applied. That is certainly the general rule that the district court should follow on remand. 7/11

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  15. 18. pro 2019.

    Does that mean the government has to obtain a warrant to search Section 702 data for Americans' communications? The Second Circuit said that this depended on the circumstances, and it remanded to the district court to figure out what the circumstances were in this case. 6/11

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  16. 18. pro 2019.

    The Second Circuit rejected this claim, and held that searches for Americans' communications constitute a separate, independent Fourth Amendment event. This conclusion tracks emerging case law regarding searches of already-collected digital data in various other contexts. 5/11

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  17. 18. pro 2019.

    The government has argued that there are no Fourth Amendment implications when it conducts these searches, since the communications have already been collected. A few district courts have agreed with this simplistic argument. 4/11

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  18. 18. pro 2019.

    "Backdoor searches" are when the government combs through data, collected without a warrant based on the govt's promise that it is targeting only foreigners overseas, to try to find Americans' communications to use against them in purely domestic criminal investigations. 3/11

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  19. 18. pro 2019.

    Besides the FISA Court, the Second Circuit is one of only a handful of courts to review the constitutionality of Section 702 surveillance. And it's the first federal appeals court to rule on the specific question of "backdoor searches." 2/11

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  20. 18. pro 2019.

    Congrats to on this important decision! Here are a few of my thoughts on the Second Circuit's opinion. 1/11

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  21. 17. pro 2019.

    The FISA Court doesn't deserve its reputation as a "rubber stamp," but it hasn't exemplified rigorous judicial oversight, either. If it wants to demonstrate its worth to Congress, it must go further than it has in the past. 6/6

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