Privacy
279 Articles
The UK Snooper’s Charter and the Anderson Report on Bulk Powers
In August, the UK’s Independent Reviewer of Terrorism Legislation, David Anderson QC, released his “Report of the Bulk Powers Review”. He was asked to undertake the review…
Correcting the Record on Section 702: A Prerequisite for Meaningful Surveillance Reform, Part III
In our previous posts, we’ve argued that the NSA is collecting massive amounts of data about US citizens under conditions that have nothing to do with terrorism or national…
No More Snowdens? Start by Reforming the House Intelligence Committee
Last Thursday, the House Intelligence Committee (HPSCI) issued a report condemning Edward Snowden and its members unanimously urged President Obama to decline public calls to grant…
Unprecedented and Unlawful: The NSA’s “Upstream” Surveillance
The FISA Amendments Act of 2008 (FAA) — the statute the government uses to engage in warrantless surveillance of Americans’ international communications — is scheduled to…
Correcting the Record on Section 702: A Prerequisite for Meaningful Surveillance Reform
The legal authority behind the controversial PRISM and Upstream surveillance programs used by the NSA to collect large swaths of private communications from leading Internet companies…
Feinstein-Burr 2.0: The Crypto Backdoor Bill Lives On
When it was first released back in April, a “discussion draft” of the Compliance With Court Orders Act sponsored by Sens. Dianne Feinstein (D-CA) and Richard Burr (R-NC)…
Foreign Governments, Tech Companies, and Your Data: A Response to Jennifer Daskal and Andrew Woods
In a thoughtful August 1 piece in Just Security and Lawfare, law professors Andrew Woods and Jennifer Daskal urged Congress to embrace a legislative proposal by the US Justice…
A Problematic Pseudo-Category of Surveillance Information and Promising Post-Collection Policy
This week, the Office of the Director of National Intelligence declassified a Foreign Intelligence Surveillance Court of Review (FISCR) opinion that has important broad implications…
The Democratic National Committee Hack: Information as Interference
Earlier this month, WikiLeaks released nearly 20,000 e-mails belonging to Democratic National Committee’s top officials, where Senator Bernie Sanders was humiliated and criticized.…
It’s Time to Come to Terms With Secret Law: Part I
Secret law. The words are chilling. They evoke Kafka, unaccountable government, liberty subordinated to state security – and to some ears, perhaps simply the paranoid rantings…
Three Key Takeaways: The 2d Circuit Ruling in The Microsoft Warrant Case
As readers no doubt already know, the Second Circuit today issued a surprise ruling in the Microsoft Ireland warrant case — siding with Microsoft. The result: location of data…
Letter to the Editor: Chairman Medine’s Dedicated Service to the PCLOB Was a Testament to Bipartisanship
David Medine left the Privacy and Civil Liberties Oversight Board on July 1, 2016, after three years of dedicated service and leadership as the board’s Chairman. As the board’s…