Privacy
282 Articles
United States v. Davis – Wrestling With the Third Party Doctrine
In the excitement over the Second Circuit’s ruling on the NSA’s bulk collection program, another very significant appellate decision that was issued last week has been largely…
The Minimalist Surveillance Reforms of USA Freedom
On April 30, the House Judiciary Committee will take up a warmed-over version of last year’s USA Freedom Act. The committee has offered a rather optimistic claim of the surveillance…
Encryption, Anonymity, and the “Right to Science”
“The right to science is sometimes considered a prerequisite for the realization of a number of other human rights.” – Farida Shaheed, UN Special Rapporteur on the field…
Senator McConnell’s Modest Proposal to Reform Section 215: Don’t!
With only 14 legislative days remaining (in the House, anyway) before Section 215 of the USA PATRIOT Act (which the government argues, and the Foreign Intelligence Surveillance…
The Investigation into 12333 Begins
The Privacy and Civil Liberties Oversight Board (PCLOB) voted 4–1 yesterday to conduct reviews of how Executive Order 12333 is used in counterterrorism investigations by the…
Talking About Section 215: A Readers’ Guide
Media coverage of John Oliver’s critique about the lack of discussion surrounding government surveillance programs seems to prove his point. Much, if not most, of the attention…
Wikimedia v. NSA: Standing and the Fight for Free Speech and Privacy
On March 10, 2015, represented by the ACLU, the Wikimedia Foundation and eight co-plaintiffs filed suit against the NSA, the Justice Department, and others, over the mass search…
The Right Way to Share Information and Improve Cybersecurity
This year is turning out to be a banner one for flawed proposals that would allow businesses to share information about Americans’ online activity with the Department of Homeland…
Deep Dive: The White House’s New Memo on Drones and Privacy
Last month, President Obama released a presidential memorandum on the domestic use of drones by federal agencies. The memorandum addresses the implications for privacy, civil rights,…
UK Parliament’s Intell and Security Committee: Intelligence agencies “do not seek to circumvent the law”
The British parliament’s Intelligence and Security Committee (ISC) published its report on privacy and security yesterday, following an 18-month inquiry prompted by the Edward…
Microsoft Case: The Government Responds, But Fails to Convince
The government has now filed its Second Circuit brief in the dispute with Microsoft (discussed here, here, and here), challenging key assertions by Microsoft and its many amici,…
Guest Post: US Intelligence Reforms Still Allow Plenty of Suspicionless Spying on Americans
Last week, the Obama Administration released a report and documents cataloging progress toward signals intelligence (SIGINT) reform goals set a year ago by the President in a document…