Data
92 Articles
How Data Privacy Laws Can Fight Fake News
Governments from Russia to Iran have exploited social media’s connectivity, openness, and polarization to influence elections, sow discord, and drown out dissent. While responses…
A Possible US-EU Agreement on Law Enforcement Access to Data?
[Cross-posted on Lawfare] Attorney General Jeff Sessions is scheduled to fly to Sofia, Bulgaria for a May 22 meeting with senior European law enforcement officials. In the wake…
The Supreme Court Should Heed Friendly Advice on Microsoft Ireland
President Trump meets with Apple CEO Tim Cook, Microsoft CEO Satya Nadella, and Amazon CEO Jeff Bezos in the State Dining Room of the White House June 19, 2017 in Washington, DC.…
In the U.S.-U.K. Deal, Both Sides Deserve Scrutiny
We recently published an analysis in Lawfare of the United Kingdom’s surveillance framework as it relates to the proposed U.S.-U.K. agreement for cross-border law enforcement…
Cross-Border Access to Data: Google’s Senior VP Weighs In
This morning, Kent Walker, Senior Vice-President and General Counsel of Google, gave a speech to a packed audience at the Heritage Foundation, laying out the need for new laws…
National Security-Related Congressional Hearings, May 8-May 12
Monday, May 8 2:30pm – Senate Judiciary Committee – Russian Interference in the 2016 United States Election (here) Tuesday, May 9 9:30am – Senate Committee on Armed Services…
A Microsoft Ireland Fix: Time to Act is Now!
It’s been almost a year since the Second Circuit issued its decision in the Microsoft Ireland case, ruling that U.S. warrant authority pursuant to the Electronic Communications…
A Proposed Fix To the Microsoft Ireland Case
On Tuesday, I posted the Second Circuit’s denial of the petition for rehearing en banc in the Microsoft case and promised to write more. I have now done so (via Slate); the piece…
The Dangerous Implications of the Microsoft Ireland Case
Yesterday evening, the government filed its petition for rehearing or rehearing en banc in the Microsoft Ireland case. Throughout the brief, the government warns of both the…
Hot off the Presses: DOJ Rehearing Petition in the Microsoft Ireland Case (Full Text)
DOJ filed the attached motion tonight, seeking rehearing or reaching en banc in the Microsoft Ireland case. In the government’s words: “The [panel] Opinion has created…
To Privacy Rights Advocates: Embrace DOJ’s Cross-Border Data Proposal
In a lengthy post yesterday, Greg Nojeim and Ross Shulman take aim at the newly proposed legislation from DOJ that would permit the cross-border sharing of data for law enforcement…
Judicial Enforcement of a Senate Subpoena of Backpage.com
Last week, the DC Circuit temporarily stayed an order enforcing a US Senate subpoena for records from the classified advertising site, Backpage.com, which has come under scrutiny…