Law enforcement
480 Articles
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…
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…
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…
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…
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…
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…
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…