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258 Articles
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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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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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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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The FBI’s Problem Isn’t “Going Dark.” Its Problem is Going Slowly

It should be clear to even casual observers today that the “golden age of surveillance” thesis is fundamentally correct. We live in a time when far more data and surveillance…
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Describing Violence: The Charleston Shootings and the Label of Terrorism

Soon after the Charleston church shooting, FBI Director James Comey argued that Dylann Roof’s actions probably weren’t terrorism, eliciting criticism that law enforcement employs…
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It’s Time to End the “Debate” on Encryption Backdoors

Yesterday, on Lawfare, FBI Director James Comey laid out his concern that the growing adoption of strong encryption technologies will frustrate law enforcement’s ability to conduct…
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DOJ Guidance on Cybersecurity Carrots and Sticks

In a speech yesterday to the annual Cybersecurity Law Institute, Assistant Attorney General Leslie Caldwell showed how far the Department of Justice has come in its dealings with…
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Transcript: FBI Director Says Authors of Encryption Letter Are Uninformed or Not Fair-Minded

Earlier today, FBI Director James Comey implied that a broad coalition of technology companies, trade associations, civil society groups, and security experts were either uninformed…
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Tightening the National Security Ratchet

A ratchet is a device that employs mechanical impediments to allow movement in only one direction. As such, it is a useful metaphor for national security policy, where restrictive…
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DOJ Inspector General Complains About FBI Foot-dragging

Late last week, the Inspector General (IG) for the Justice Department sent a letter to Congress complaining of the FBI’s refusal to set a timeline for turning over documents…
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Security “Front Doors” vs. “Back Doors”: A Distinction Without a Difference

Thursday, FBI Director James Comey delivered a talk at the Brookings Institution, titled “Going Dark: Are Technology, Privacy, and Public Safety on a Collision Course?” His…
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Justice Department Proposal Would Massively Expand FBI Extraterritorial Surveillance

A Department of Justice proposal to amend Rule 41 of the Federal Rules of Criminal Procedure would make it easier for domestic law enforcement to hack into computers of people…
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