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Just Security

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…
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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…
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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,…
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Lawful Hacking After the Encryption Debate

The Obama administration has apparently decided not to support exceptional access proposals that would provide law enforcement with the means to access data on iPhones and other…
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What the Third Circuit Said in Hassan v. City of New York

In Hassan v. City of New York, the Third Circuit yesterday emphatically overturned a New Jersey district court, which had dismissed a challenge to the New York City Police Department’s…
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Too Much Posturing and Not Enough Substance on Encryption

Obama administration officials revealed late last week that will not force technology firms to weaken digital encryption to give government greater access to user data. This is…
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A Proposal to Improve Foreign Law Enforcement Access to US-Held Data

In my last post, I reviewed a number of proposals to reform the Electronic Communications Privacy Act (ECPA). These proposals are aimed at delimiting law enforcement access to…
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Video from The Going Dark Debate: Just Security’s Second Anniversary

As consumers increasingly adopt encryption tools, government officials have warned of the “Going Dark” problem – the notion that widespread encryption will thwart legitimate…
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Six National Security Questions Presidential Candidates Should Have To Answer

A lot of ink has already been spilled on Carly Fiorina’s … strange … focus in last week’s Republican debate on expanding the (already massive) Sixth Fleet as one of the…
Just Security

Monday Reflection: Dark Birthday Edition

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…
Just Security

Chris Soghoian on Collaboration Between Lawyers, Technologists, and Policymakers

As faithful readers of our site are hopefully aware, Just Security will be celebrating its second anniversary on Monday with an event dedicated to exploring one of the most important…
Just Security

Lifting the Gag Order on One NSL is Good, But It’s Just a Start

Earlier this week, the public got a look at that rare occurrence in a national security case: a court lifting a gag on the recipient of a surveillance request. On August 28, Judge…
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