Law Enforcement
771 Articles
Content Is Content, No Matter How Small
Recently, Orin Kerr and I had a brief conversation on Twitter regarding the Fourth Amendment and the content/non-content distinction. Specifically, Orin asked those of us who subscribe…
A Few Keystrokes Could Solve the Crime. Would You Press Enter?
Image credit: Wikimedia Commons Suppose a laptop were found at the apartment of one of the perpetrators of last year’s Paris attacks. It’s searched by the authorities pursuant…
ISIS in the United States: Which Legal Regime Applies?
Consider the following hypothetical: It is 10:00pm in Times Square, New York City. The “city that never sleeps” is bustling with tourists, Broadway shows, street performers,…
The FBI Should Stop Undermining Norms Before They Take Root
Reports surfaced last month suggesting that Carnegie Mellon University (CMU) has been helping the FBI crack Tor, the secure browsing application used by privacy-conscious Internet…
Cy Vance’s Proposal to Backdoor Encrypted Devices Is Riddled With Vulnerabilities
Less than a week after the attacks in Paris — while the public and policymakers were still reeling, and the investigation had barely gotten off the ground — Cy Vance, Manhattan’s…
Cross-Border Data Requests: A Response to Greg Nojeim
Editor’s note: This post also appears on Lawfare. Last week on Lawfare, Greg Nojeim responded to — and raised a set of questions about — our proposed framework for dealing…
The Government Should Stop Rewarding Bad Policies for Police Body Cameras
Body cameras have major potential to increase police accountability. However, without informed policies governing their use, they might not only fail in this goal, they could actually…
Cross-Border Data Requests: A Proposed Framework
Editor’s note: This post also appears on Lawfare. We’ve both written and spoken extensively (for example, here, here, here, here, and here) about issues related to cross-border…
Is the FBI Using Zero-Days in Criminal Investigations?
We have known for a while now that the FBI uses hacking techniques to conduct remote computer searches in criminal investigations — particularly those that involve the dark web.…
Reminder: Tech Firms Aren’t Always the Privacy Advocates We’d Like to Think They Are
Last weekend, news broke that Facebook had been informally lobbying lawmakers to let them know the company didn’t oppose the Cybersecurity Information Sharing Act (CISA). The…
The All Writs Act, Software Licenses, and Why Judges Should Ask More Questions
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
Update on Apple’s Compelled-Decryption Case
Last week, we wrote about an order from a federal magistrate judge in New York that questioned the government’s ability, under an ancient federal law called the All Writs Act,…