Privacy
276 Articles

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."

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…

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…

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.

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…

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.

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…

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.

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.…

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…

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…

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…