The Posner Law Firm

Post-9/11 National Security, Surveillance, Privacy, and Related Issues

Litigation, Appeals, Compliance, Consulting, Research, Writing, Speaking

mOther Practice Areas: Trade Secrets * Copyrights * Contracts * Business

Steve C. Posner, Esq. Admitted CO, NY, CA (inactive)

The Legal Treatise on Post 9/11 National Security, Surveillance, and Privacy Law:


Release 4, Nov. 2009

Available online and in print - Buy or Subscribe Now!

  • The New Information Sharing Environment
  • NSA Domestic Surveillance
  • The State Secrets Privilege
  • The FISA Amendments
  • Terrorist Designations, Watch Lists, and Their Consequences
  • Evolving Relationship between Criminal and Intelligence Surveillance
  • Title III v. FISA Surveillance
  • Government/Corporate Information Sharing
  • Federal/Local Government Cooperation
  • Electronic Communications
  • Stored Communications
  • Pen Register/Trap and Trace Devices
  • Tracking Devices as Surveillance Devices
  • Cell Phones
  • Global Positioning Systems
  • Data Mining
  • Airline Screening
  • Ports, Transportation, and Related Employment
  • Hazardous Materials Licenses
  • Border Searches (including Laptop Seizures)
  • Asset Blocking and Seizures
  • Airline Screening
  • Financial Surveillance
  • Non-Citizen Rights
  • Extraordinary Renditions

...and more.


LexisNexis Online Commentaries:

mOn Statutes:

  • Posner on The Obtain/Use Surveillance Dichotomy (Attached to Wiretap and Electronic Communications Privacy Acts - 18 U.S.C. 2510-2522, 2701-2702; Foreign Intelligence Surveillance Actt - 50 U.S.C. 1801 - 1811)
  • Posner on Mayfield v. United States (Suppression of Evidenced Derived from Intellience Investigations in Criminal Prosecutions) (Attached to Foreign Intelligence Surveillance Actt - 50 U.S.C. 1801 - 1811)

mOn Cases:

  • Posner on Herring v. United States (Exclusionary rule; PATRIOT Act; "Fall of the Wall" Between Intelligence and Criminal Investigations)
  • Posner on United States v. Alvarez-Machain (Abuduction and rendition to the U.S.)
  • Posner on Al-Haramain Islamic Found., Inc. v. Bush (Terrorist Designations; Asset Blocking; FISA Pre-emption; State Secrets Doctrine)
  • Posner on Arar v. Ashcroft (State Secrets Doctrine; Extraordinary Renditions)
  • Posner on El-Masri v. United States (State Secrets Doctrine; Extraordinary Renditions)


Other Legal Publications:
  • But Judge, I Got it From the ‘Net’!”—The Admissibility of Internet Evidence, The Colorado Lawyer (Oct. 2002)

  • Questions Beyond the Scope: Defending Against the Fed. R. Civ. P. 30(b)(6) Sneak Attack, The Colorado Lawyer (July 1997) (with Roger L. Wilson)

  • Can a Computer Language be Copyrighted? The State of Confusion in Copyright Law, Computer/Law Journal (1991) [This paper won Nathan Burkan and Computer Law Writing Competition awardws.)

Recent Litigation Successes:

  • 2009 - Six figure settlement
  • 2008 - $1.2 million trial victory, w/ subsequent $1 million settlement


Other Books:

mWith Nancy E. Friedman:

Who Needs It?

Tax-Exempt Organizations In Your Neighborhood That Need What You Have To Donate

(MBD Publishing 2003, updated in E-Book - See


Coming Soon:

Eagle Eyes:

A Citizen's Primer on Post-9/11 American Surveillance, Privacy and Law

How the Government, Marketers, and Thieves, Get and Use Your Personal Information-and What You Can Do About It


Phone/Fax: 303-679-9841

P.O. Box 495, Evergreen, CO 80437
Copyright 2001-2010 Steve C. Posner

Nothing in this website is intended as legal advice. You are strongly advised to seek legal counsel regarding any issues you may face.