Privacy
282 Articles
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…
Updated developments regarding FAA Section 702 and related matters
I’ve published a couple of posts here tracking some of the more important recent developments respecting Section 702 of the FISA Amendments Act of 2008. This post is an…
Status of Int’l Human Rights Law in Domestic Surveillance: What the HRW/ACLU report reveals about officials’ views
This morning, Human Rights Watch and the ACLU released a joint report on the chilling effects of domestic surveillance. The report examines, in particular, the impact of surveillance…
All The Pieces Matter: Bulk(y) Collection Under §702
In a recent guest post, Chairman David Medine of the Privacy and Civil Liberties Oversight board gamely responds to several questions about §702 surveillance posed by my co-blogger…
Why (Some) Secrecy is Good for Civil Liberties
A few weeks back, Ben Wittes wrote a controversial post over at Lawfare on the latest Snowden disclosures, arguing that, “If you’re okay with dumping in the lap of a journalist…
Major New United Nations Report Rebukes Five Eyes’ Attempts to Weaken Digital Privacy Rights
The Office of the United Nations High Commissioner for Human Rights (OHCHR) released a significant report last week analyzing the meaning of the human right to privacy in relation…
The PCLOB Report and Eight Questions About Section 702
Note: The views expressed below are my own and do not necessarily represent the views of PCLOB or its other Board members. On July 2, Professor Jennifer Granick posed the question:…
UK Government Proposes Creation of its own Privacy and Civil Liberties (Oversight) Board
The U.K. government announced this week its intention to replace the Independent Reviewer of Terrorism Legislation with a new Independent Privacy and Civil Liberties Board. The…
The Good, the Bad, and the Ugly: An unfortunate story on the non-review of U.S. surveillance authority in Section 702
Federal oversight agency punts on international human rights, while findings the programs lawful and constitutional The President’s Privacy and Civil Liberties Oversight Board (“PCLOB”)…
Did PCLOB Answer My Eight Questions About Section 702?
TL;DR: A little bit, but not enough. Yesterday, the Privacy and Civil Liberties Oversight Board (PCLOB) issued a massive report about the legally and technologically complicated…