Law enforcement
438 Articles
Theresa May’s Record on Surveillance, Human Rights, and Counterterrorism
Theresa May, Britain’s newly appointed Prime Minister was previously the UK Home Secretary. In that role she fought for expansive state surveillance powers, blamed human rights…
The Microsoft Ireland Case and the Future of Digital Privacy
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…
Whose World Is This?: US and UK Government Hacking
On both sides of the Atlantic, we are witnessing the dramatic expansion of government hacking powers. In the United States, a proposed amendment to Rule 41 of the Federal Rules…
The Encryption Debate: All Quiet on the Western Front?
The US war on encryption has quieted down recently. The San Bernardino and Brooklyn court cases concerning encrypted iPhones both ended this spring not with a bang, but with a…
FBI Guidelines Weaken Separation of Community Outreach and Intelligence Gathering Efforts
Community outreach programs are a staple of modern law enforcement, designed to build trust, address local concerns, and communicate effectively with the public — at least in…
Beware of the Emergency Exception Loophole in the Email Privacy Act
The Email Privacy Act, which passed the House 419-0, is slated for consideration in the Senate Judiciary Committee hearing this week. The legislation updates the now 30-year old…
With Remote Hacking, the Government’s Particularity Problem Isn’t Going Away
Electronic surveillance succeeds because it is secret. When the government seeks to record “what is whispered in the closet,” in the words of Justice Brandeis, it must use…
Feinstein-Burr: The Bill That Bans Your Browser
Last week, I criticized the confused rhetorical framework that the Feinstein-Burr encryption backdoor proposal tries to impose on the ongoing Crypto Wars 2.0 debate. In this…
The FBI’s Warrantless Surveillance Back Door Just Opened a Little Wider
On Tuesday, the Office of the Director of National Intelligence (ODNI) released a redacted version of an opinion by Judge Thomas F. Hogan of the Foreign Intelligence Surveillance…
Feinstein-Burr, Encryption, and “The Rule of Law”
There’s a lot to say about the substance of the misguided anti-encryption legislation sponsored by Sens. Dianne Feinstein and Richard Burr, which was recently released as a “discussion…
Here’s What the Burr-Feinstein Anti-Crypto Bill Gets Wrong
The latest Crypto War is being fought on multiple fronts: behind closed doors, in the courts, and now in Congress. On April 13, Sens. Richard Burr (R-NC) and Dianne Feinstein (D-Calif.),…
ODNI Response on Increased Intelligence Sharing Still Leaves Questions and Concerns
In late February, The New York Times reported that the administration was preparing to expand sharing of the mass signals intelligence collected by NSA pursuant to Executive Order…