olc opinions on cybersecurity measures

September 18, 2009

* OLC opinions regarding certain cybersecurity measures

Just posted to OLC’s website, these will be of interest to those interested in the intersection of law, privacy, technology, and security.  If that topic interests you, by the way, please note that it is the theme of this year’s Texas Law Review symposium (with the security aspect defined broadly to include intelligence collection, sharing, storage, and analysis, as well as cybersecurity and network operations).  That event will take place in Austin from February 4-6, 2010.  More info on that to follow in the near future.  For now, here are the two OLC opinions:

LEGALITY OF INTRUSION-DETECTION SYSTEM TO PROTECT UNCLASSIFIED COMPUTER NETWORKS IN THE EXECUTIVE BRANCH
(August 14, 2009) (added 09/18/09)

LEGAL ISSUES RELATING TO THE TESTING, USE, AND DEPLOYMENT OF AN INTRUSION-DETECTION SYSTEM (EINSTEIN 2.0) TO PROTECT UNCLASSIFIED COMPUTER NETWORKS IN THE EXECUTIVE BRANCH
(January 9, 2009) (added 09/18/09)

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Al Rabiah v. United States; error correction: it was Camp Bucca that closed, not Cropper; DOJ letter supporting reauthorization of roving wiretap, business records, and “lone wolf” provisions

September 18, 2009

1. Al Rabiah v. United States (D.D.C. Sep. 17, 2009)

Judge Kollar-Kotelly has granted habeas relief to Al Rabiah.  No underlying opinion available to the public yet, but the short order is posted here.  I will post the opinion as soon as possible.  It is certain to be interesting…

2. Error Correction – Camp Bucca, not Camp Cropper, has already closed

Yesterday I noted the Times article on the closure of detention facilities in Iraq.  In my haste, I wrote that Cropper was closed now, but in fact it is Camp Bucca that has closed already.  Thanks for the good catch, alert readers!

3. Letter from DOJ to Senator Leahy supporting reauthorization of certain PATRIOT Act and IRTPA provisions

Click here for DOJ’s six-page letter in support of reauthorization of FISA provisions on roving wiretaps and business records (both deriving from the PATRIOT Act) and “lone wolves” (from the IRTPA of 2004).