Privacy
276 Articles

Mr. Zuckerberg, Here’s How You Should Be Regulated
On Wednesday, Mark Zuckerberg finally ended days of silence and set out on a media tour to explain Facebook’s role in the Cambridge Analytica data scandal. CNN’s Laurie Segall…

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…

Follow-Up Questions For Facebook, Cambridge Analytica and Trump Campaign on Massive Breach
Late on Friday night, Facebook made a surprising announcement. The company said it was suspending the British firm Strategic Communication Laboratories (SCL), and its political…

Why the CLOUD Act is Good for Privacy and Human Rights
Above: Lawyer Joshua Rosenkranz and Brad Smith, President and Chief Legal Officer of Microsoft, speak to reporters following oral arguments in the U.S. v. Microsoft case at the…

Four Common Sense Fixes to the CLOUD Act that its Sponsors Should Support
Congress is quietly but intensively debating the CLOUD Act, a bill which would have a serious impact on privacy rights, and it may be attached to an omnibus spending bill this…

New Bill That Would Give Foreign Governments a Fast Track to Access Data
Increasingly, foreign governments have complained that the MLAT process in the U.S. is slow and that it allows the U.S. Government as a gatekeeper of electronic data. The CLOUD…

The EWI Encryption Report: Stop Trying to Sell Me a Shoebox
Which would you prefer: keeping your valuables in a locked safe, or keeping them in a shoebox and trusting that everyone will adhere to laws against theft and their concomitant…

Why An Encryption Backdoor for Just the “Good Guys” Won’t Work
Recently, U.S. law enforcement officials have re-energized their push for a technical means to bypass encryption. But seeking to undermine encryption only looks backward instead…

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…

“Dehumanized” at the Border, Travelers Push Back
Border agents searched the electronic devices of 30,200 travelers last year, up more than 11,000 from the previous year. In complaints newly obtained by the Knight First Amendment…