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Both the US’s Cloud Act and Europe’s GDPR Move Far Beyond Geography, but Will Not Solve Transatlantic Jurisdictional Conflicts

Europe’s destination approach of cyberspace privacy builds up to extraterritorial jurisdiction Among the many rather general issues discussed in Mark Zuckerberg’s hearing before…
A phone with the apps, GoogleMaps, FaceBook, Snapchat, and Twitter.

Digital Free for All Part Deux: European Commission Proposal on E-Evidence

The European Commission has released a proposal to enable EU-member states’ law enforcement authorities to access digital information regardless of where that data is stored.…

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…
A person’s eye with the Facebook logo reflected in it.

Are Children Safe on Facebook? 12 Questions Congress Should Ask Zuckerberg

About 170 million children 13-17 years old are Facebook users. How do recent data breaches, current marketing ploys, and privacy protections apply to this vulnerable population?…

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…

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…

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…
Commander of the U.S. Cyber Command, Director of the National Security Agency and chief of Central Security Services Navy Adm. Michael Rogers testifies during a hearing before the Senate Armed Services Committee September 13, 2016 on Capitol Hill in Washington, DC.

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…
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