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Former Facebook employee sits at a desk whilst testifying during a Senate committee hearing.

As Congress Debates Social Media Harms, Here’s How to Make Online Consent Meaningful

"Reform the law so that companies must provide more meaningful information in their privacy notices and terms of service."
An Investigator holds a piece of evidence as he and others search for evidence inside the wreckage of a Police bus at the site of a bomb blast in Kabul, 17 June 2007.

What the Afghanistan Withdrawal Teaches Us About Safeguarding Human Rights Evidence

As the Taliban seized control, evidence of human rights abuses had to be destroyed, hidden, or risk capture. It didn't have to be this way.
A Yemeni man looks at graffiti protesting against US drone strikes on September 19, 2018 in Sana'a, Yemen.

Embedding Gender in International Humanitarian Law: Is Artificial Intelligence Up to the Task?

The laws of war can sanction uses of force with gendered consequences. Encoding IHL principles into AI systems may reinforce - or correct for - these disparate impacts.

KBR v. SFO: the United Kingdom’s Microsoft Ireland?

U.K. law enforcement agencies lack power to compel foreign companies to hand over overseas data. What does the decision mean for data sharing?
A phone with social media logos for Linkedin, YouTube, Pinterest, Facebook, Instagram and Twitter.

Data and Democracy: Three Things the Biden-Harris Administration Should Do to Tackle Big Tech

The monetization of personal data poses a direct threat to civil rights and democracy. The good news: the Biden-Harris administration has an opportunity to check this destructive…

Don’t Blame Privacy for Big Tech’s Monopoly on Information

As the prospect of antitrust charges against Facebook by the Federal Trade Commission (FTC) looms larger, regulators should challenge the concentration of data within Big Tech…
Circuits

What Comes Next: The Aftermath of European Court’s Blow to Transatlantic Data Transfers

On Thursday, the European Court of Justice (CJEU) dealt a blow to the free flow of data across borders in the name of protecting privacy -- with global implications.
Police in full riot gear, some wearing masks and others not, stand in a row on July 1, 2020 in New York City.

Black Security and the Conundrum of Policing

We are in a new phase of the long police reform debate. Over decades, opaque spending, police staffing practices, expansion of criminal codes, and other factors have made some…
The outside facade of the German Federal Constitutional Court

An Ongoing Problem: Germany’s Protection of Foreigners’ Communication Abroad

Will Germany’s Federal Constitutional Court press for further reforms or defer the matter to politics when it decides on the issue later this month?
Government Technology Agency (GovTech) staff demonstrate Singapore's new contact-tracing smarthphone app called TraceTogether, as a preventive measure against the COVID-19 coronavirus in Singapore on March 20, 2020.

As the U.S. Risks Reopening for Business, Technology Alone Won’t Stop the Coronavirus

Bluetooth contact-tracing apps could be a tool for returning to some version of normal, but only within limits and with robust safeguards,
Puzzle Pieces with the American and United Kingdom flags and wires

Correcting the Record: Wiretaps, the CLOUD Act, and the US-UK Agreement

Over at Stanford CIS blog, Albert Gidari takes aim at the wiretap-related provisions in the US-UK CLOUD Act Agreement – which Peter Swire and I wrote about separately here. He…
American and British flag pair under a magnifier.

The UK-US CLOUD Act Agreement Is Finally Here, Containing New Safeguards

Editor’s note: This piece is cross-posted at Lawfare.  On Oct. 7, the United Kingdom and the United States released the text of the long-awaited data-sharing agreement—the…
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