Privacy

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People cross a street with cars. There are more street lights than seems needed for such a small street. There are numbers and waves of circles overlaid the image.

How to Think About the Right to Privacy and Using Location Data to Fight COVID-19

"Government officials need to listen to stakeholders and technologists who are not trying to promote private companies’ interests in infection control programs."
A collage of a racially diverse group of people's faces. One face has a grid laid over it to symbolize facial recognition technology.

Law Enforcement’s Facial Recognition Law-lessness: Comparing European and US Approaches

"There’s a grave threat to individual liberty, privacy, and racial justice. A balance needs to be struck. But it will not be struck by continuing to act lawlessly, which is to…
A laptop screen shows the Facebook page for Facebook.

An Ambitious Reading of Facebook’s Content Regulation White Paper

How might we move toward accountability in the face of irreconcilable clashes between Rights-era and Public Health-era values, particularly given the serious practical and civil…
A person takes a photo of the official seal of the Federal Bureau of Investigation on their iPhone. J. Edgar Hoover headquarters February 23, 2016 in Washington, DC

The FBI and Apple Redux

It remains to be seen how this new clash will resolve itself, but the stakes have only increased for both sides.
U.S. Justice Department Inspector General Michael Horowitz testifies before the Senate Judiciary Committee in the Hart Senate Office Building on Capitol Hill June 18, 2018 in Washington, DC.

The Crossfire Hurricane Report’s Inconvenient Findings

"The Inspector General's report fails to turn up anything resembling a Deep State cabal within the FBI plotting against the president, or deliberate abuse of surveillance authorities…
U.S. Capitol Building

How to Address Newly Revealed Abuses of Section 702 Surveillance

Last week's FISA Court opinions provide even more evidence that the current system fails to adequately protect Americans’ privacy.
Blue sound wave

A Fourth Amendment Framework for Voiceprint Database Searches

Voice recognition technology should be subject to a new Fourth Amendment framework, drawing on the Supreme Court’s recent technology-related decisions, that treats each query…
American flags fly over the Federal Bureau of Investigation (FBI) building on July 18, 2001 in Washington, D. C.

The FISA Court’s 702 Opinions, Part I: A History of Non-Compliance Repeats Itself

This is now the fourth major FISA Court opinion on Section 702 in 10 years documenting substantial non-compliance with the rules meant to protect Americans’ privacy.
A mobile browser unable to connect to Facebook.

Contesting the Legality of Internet Shutdowns

As government communications shutdowns become more frequent, legal challenges citing international human rights law and domestic constitutional protections are also on the rise.…
A protester wearing a model head of Facebook CEO Mark Zuckerberg poses for media outside Portcullis House on November 27, 2018 in London, England. They hold a sign reading, “Where’s Mark??”

How Data Privacy Laws Can Fight Fake News

Governments from Russia to Iran have exploited social media’s connectivity, openness, and polarization to influence elections, sow discord, and drown out dissent. While responses…
Supreme Court Justices process from the Supreme Court to Westminster Abbey on October 1, 2013 in London, England. The start of the legal year is marked with a traditional religious service and procession from Westminster Abbey.

When Constitutional Law and Government Hacking Collide: A Landmark U.K. Ruling Is Relevant on Both Sides of the Pond

The U.K. Supreme Court's landmark judgment in R (Privacy International) v Investigatory Powers Tribunal and others sets an important precedent for oversight of questions of law…
) Former intelligence contractor Edward Snowden poses for a photo during an interview in an undisclosed location in December 2013 in Moscow, Russia.

The Snowden Effect, Six Years On

Six years ago, the world was introduced to a previously unknown government contractor who revealed the National Security Agency (NSA) was conducting an unparalleled level of warrantless…
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