4th Amendment
191 Articles
The Intel Community’s Annual Transparency Report Raises More Questions Than It Answers
The Office of the Director of National Intelligence's new mandatory report, summarizing certain intelligence agencies’ surveillance activities in 2017, is one of the most important…
How to Move the Battle Lines in the Crypto-Wars
Get ready for another round of the crypto-wars. A recent report in the New York Times indicates that the Justice Department has been quietly discussing with researchers ways to…
Somewhat Improved, the CLOUD Act Still Poses a Threat to Privacy and Human Rights
Above: President Donald Trump gestures to the $1.3 trillion spending bill passed by Congress early Friday. The president just signed a 2,232 page omnibus bill to fund the government…
Congress Should Place More Limits on Cellphone Location Tracking After Carpenter
This spring, the United States Supreme Court will issue a ruling in the landmark case of Carpenter v. United States, deciding whether the government requires a warrant to continuously…
Privacy and Civil Liberties under the CLOUD Act: A Response
[Cross-Posted at Lawfare] In a post last week, Neema Singh Guliani of the ACLU and Naureen Shah of Amnesty International disagreed with our earlier arguments as to “Why the CLOUD…
Microsoft (Ireland) and the Federal Rules of Criminal Procedure
Microsoft (Ireland) raises a difficult policy question about when and how U.S. law enforcement may access cross-border data. Unfortunately, the Supreme Court is seemingly set to…
“Extraterritorial” Is Not a Bad Word, Even on the Internet
In the world of Internet policy, it is a slur to call something an assertion of extraterritorial jurisdiction. Coverage of, for example, Canada’s recent ruling against Google…
Left Out of the Party on Cloud Nine: A Response to Jennifer Daskal
A new bill meant to address cross-border access to data is not a cause for celebration. It fails to include fundamental safeguards to protect consumer's rights. The CLOUD Act would…
Stop Calling It “Incidental” Collection of Americans’ Emails: The Gov’t’s Renewed Surveillance Powers
Former Acting FBI Dir. Andrew McCabe, Deputy AG Rod Rosenstein, DNI Dan Coats, and NSA Dir. Adm. Michael Rogers testify on re-authorization of Foreign Intelligence Surveillance…
Facts on FISA: Correcting the Record on the Section 702 House Floor Debate
Sens. Elizabeth Warren (D-Mass.), Ron Wyden (D-Ore.), and Rand Paul (R-Ky.) speak at a news conference about their proposed FISA reforms at the Russell Senate Office Building on…
Special Edition Podcast: Liza Goitein on Section 702’s Reauthorization
Amidst the noise today generated by President Donald Trump’s contradictory and inaccurate tweets about Section 702 of the FISA Amendments Act this morning and his awful-yet-predictable…
Deep State Dissonance
U.S. National Security Agency Director Michael Rogers delivers remarks arguing for the renewal of Section 702 of the Foreign Intelligence Surveillance Act on October 13, 2017 in…