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486 Articles

Why the CLOUD Act is Good for Privacy and Human Rights

Above: Lawyer Joshua Rosenkranz and Brad Smith, President and Chief Legal Officer of Microsoft, speak to reporters following oral arguments in the U.S. v. Microsoft case at the…

Four Common Sense Fixes to the CLOUD Act that its Sponsors Should Support

Congress is quietly but intensively debating the CLOUD Act, a bill which would have a serious impact on privacy rights, and it may be attached to an omnibus spending bill this…
Commander of the U.S. Cyber Command, Director of the National Security Agency and chief of Central Security Services Navy Adm. Michael Rogers testifies during a hearing before the Senate Armed Services Committee September 13, 2016 on Capitol Hill in Washington, DC.

New Bill That Would Give Foreign Governments a Fast Track to Access Data

Increasingly, foreign governments have complained that the MLAT process in the U.S. is slow and that it allows the U.S. Government as a gatekeeper of electronic data. The CLOUD…

Putin’s Story of What Happened in 2016 Sounds Familiar

Where have I heard that story before? Tonight, NBC will air an hour-long special featuring a sit-down interview between Megyn Kelly and Russian President Vladimir Putin. A preview…

Cyber Operations and the U.S. Definition of “Armed Attack”

[Ed. Note: Based on Goodman's remarks at U.S. Cyber Command’s Annual Legal Conference.]

A widely accepted view of the UN Charter is that a State can use force…

The EWI Encryption Report: Stop Trying to Sell Me a Shoebox

Which would you prefer: keeping your valuables in a locked safe, or keeping them in a shoebox and trusting that everyone will adhere to laws against theft and their concomitant…

Do Not Pass Go: The Predictable Results of Subpoena Defiance

A short walk down memory lane shows how wrong former Trump campaign aide Sam Nunberg is about the consequences of defying a subpoena.

Outlook on International Cyber Norms: Three Avenues for Future Progress

“It’s high time to have a serious discussion about the international legal framework in which cyberwars take place,” UN Secretary General António Guterres said during his…
Rep. Adam Schiff (D-CA), Ranking Member on the House Intelligence Committee, speaks with reporters on Capitol Hill on February 15, 2018 in Washington, DC.

Russia “Previewed” Plan to Disseminate Emails with Trump Campaign

Goodman analyzes Schiff’s revelation that Russia gave preview to Trump campaign that the Kremlin could help disseminate stolen emails. Then he addresses the legally important…

Symposium Recap: We Need the Cloud Act To Save Us & What Bill Dodge Got Right

Arguments in the Microsoft Ireland case are now less than a week away.  Despite the desires of many (including me) that Congress move quickly to pass the CLOUD Act – and thereby…

Microsoft, Ireland, and the Rest of the World

United States v. Microsoft will be practically significant for its effect on law enforcement’s ability to access data stored abroad, and it has the potential to be doctrinally…

“Extraterritorial” Is Not a Bad Word, Even on the Internet

In the world of Internet policy, it is a slur to call something an assertion of extraterritorial jurisdiction.  Coverage of, for example, Canada’s recent ruling against Google…
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