Privacy
279 Articles
OHCHR Call for Comments on Encryption and Anonymity Online
David Kaye, the UN Special Rapporteur on protection and promotion of the right to freedom of opinion and expression, has issued a call for submission of information related to…
In 2007, One Judge Said No to the NSA
Last week, the government quietly released a new cache of court filings and orders from late 2006 and early 2007 that together reveal a watershed moment in the government’s effort…
Judge Posner vs. David Cole: What’s the Value of Privacy Unless You Have Something to Hide? (Video Clip)
Yesterday, Just Security editor David Cole spoke with United States Court of Appeals Judge Richard Posner about the value of privacy. The short and fascinating discussion, part…
Guest Post: NSA Reform — The Consequences of Failure
If you were expecting this to be a detailed post-mortem on the demise of the USA Freedom Act, you will be disappointed. As others have covered that ground, I want to focus on the…
Full Virginia State Court Opinion on Passcodes vs. Fingerprints
A couple of weeks back, there was a flurry of media coverage of a Virginia state court opinion where the judge granted an order to compel a defendant’s fingerprint to unlock…
The Surveillance State’s Legalism Isn’t About Morals, It’s About Manipulating the Rules
Margo Schlanger has written a great article forthcoming in the Harvard National Security Journal about intelligence legalism, an ethical framework she sees underlying NSA surveillance.…
The Problem With Legalism in the Surveillance State
Editor’s note: this post is a preview of ideas raised in an upcoming article by the author, Intelligence Legalism and the National Security Agency’s Civil Liberties Gap,…
A Cult of Rules: The Origins of Legalism in the Surveillance State
Editor’s note: this post is a preview of ideas raised in an upcoming article by the author, Intelligence Legalism and the National Security Agency’s Civil Liberties Gap,…
Should Foreign Nationals Get the Same Privacy Protections under NSA Surveillance–or Less (or More)?
When it comes to mass surveillance, should foreign nationals in foreign territory be afforded the same privacy protections as one’s own nationals? According to a recent report…
Twitter is Suing the US Government in an Effort to Reveal Surveillance Information
Twitter filed a case in the Northern District of California (docket number 14-cv-04480) on Oct. 7 seeking a court order that would allow the company to reveal more precise information…
The Need for Both Legal and Technical Privacy Protections
Last week, Apple and Google came under intense criticism from the law enforcement and national security communities for their decisions to encrypt user data when devices are locked.…
FBI is Hurting Apple and Google’s Competitiveness with Crypto Backdoor Demands
Last week, FBI Director James B. Comey dispatched his minions to yell at Apple and Google for architecting their smartphones such that government officials cannot decrypt information…