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Just Security

Four Takeaways From State v. Andrews

On Wednesday, an appellate court in Maryland handed down a major loss to the government, one that will send police and prosecutors back to the drawing board (or at least back to…
Just Security

We Need to Know More About When the FBI Can Access One of the NSA’s Biggest Databases

Americans have learned quite a bit about electronic surveillance since Edward Snowden leaked a massive trove of classified documents almost three years ago. And while we still…
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A Readers’ Guide to the Apple All Writs Act Cases

The last few weeks and months have been awash in media coverage of two cases before magistrate judges involving the federal government seeking to use the All Writs Act to compel…
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Apple’s motion to vacate the All Writs Act assistance order: Has Apple chosen the best “test case”?

Here it is. On first read, I think it has some very strong sections, including, in particular, its description of the efforts Apple would have to undertake to create and secure…
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Apple vs. FBI: “Just This Once”?

I wrote about the FBI’s attempt to force Apple to write an iPhone hacking tool for the bureau over at Time last week — and go read that if you’re getting caught up on the…
Just Security

Who Sets the Rules of the Privacy and Security Game?

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…
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FBI’s Push to “Fix a Typo” Would Really Expand Its Surveillance Authority

At last week’s Senate Intelligence Committee hearing on Worldwide Threats, FBI Director James Comey reiterated his call for a major expansion of the FBI’s surveillance authorities,…
Just Security

Law Enforcement Online: Innovative Doesn’t Mean Illegal

Even the Wild West needed a sheriff. And today’s law enforcement agents, to be effective, need more than a Colt .45 and a gold star. Criminal actors have an increasing ability…
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Surveillance Is Still About Power

Since the Snowden revelations in 2013, surveillance has gone from a somewhat arcane term of art used mainly by scholars, spies, and tinfoil hat types, to a household word that…
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A New UK-US Data Sharing Agreement: A Tremendous Opportunity, If Done Right

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…
Just Security

The High Standard of Proof in the Encryption Debate

Since the November 13 terrorist attacks in Paris set off another around of debate about exceptional access, a lot of ink has been spilled on the subject of whether or not there…
Just Security

The Way Forward for Surveillance Reform Can Balance Human Rights and Government Needs

The fall of 2015 was marked by two key developments in the debate about laws on communications surveillance and the right to privacy. First, on October 6, the EU Court of Justice…
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