Privacy
276 Articles
Split Over Compelled Decryption Deepens With Massachusetts Case
Encryption is as omnipresent as computers, tablets, and smartphones. Yet the Supreme Court has not provided guidance on the constitutional implications of compelling a suspect…
CBP’s New Social Media Surveillance: A Threat to Free Speech and Privacy
U.S. Customs and Border Protection's efforts to map out the networks and activities of American activists and journalists through link analysis and social media monitoring pose…
Norms Watch: Damage to Democracy and Rule of Law in March 2019
Welcome to the latest installment of Norms Watch, our series tracking both the flouting of democratic norms by the Trump administration and the erosion of those norms in reactions…
Fulfilling the Promise of the USA Freedom Act: Time to Truly End Bulk Collection of Americans’ Calling Records
The new Section 215 "call detail records" program is still ineffective and doesn't justify the privacy threats it poses.
The Seven Step Program for Fighting Disinformation
A full-spectrum strategy is needed to proactively prepare for the next wave of social-media and internet-based psychological disinformation operations.
Digital Journalism and the New Public Square – Or’ Emet Lecture
I was delighted to be asked by the Nathanson Center and Or’ Emet Fund at York University’s Osgoode Hall Law School to deliver the 2018 Or’ Emet Lecture. In the lecture I…
The Privacy and Civil Liberties Oversight Board’s Disappointing Report on PPD-28 Implementation
Edward Snowden’s revelations that the NSA engaged in massive spying operations overseas prompted outrage and political blowback from our closest allies. In an attempt to manage…
On Big Brother Watch v. U.K.: The Future of Surveillance at Two Europe-Wide Courts
A recent opinion by the European Court of Human Rights was more limited than recent decisions concerning surveillance. The European Court of Justice should seize the opportunity…
New U.K. Law Fails European Court Standards on Mass Interception Disclosed by Snowden
The U.K. government trots out its new surveillance legislation as curing the ills identified by the European Court of Human Rights. That's not the case. The Court’s judgment…
Security Clearance Records, FOIA, and Privacy: What Went Wrong for Abigail Spanberger
How did an unredacted copy of a security clearance application for a former CIA officer-turned Democratic candidate land in the hands of a GOP super PAC?
A U.S. GDPR? Not Even Close
At the end of June, California enacted a new data privacy regime that some are comparing to the European Union’s recently operative General Data Privacy Regulation (GDPR). The…
Low-Hanging Fruit: Responding to the Digital Evidence Challenge in Law Enforcement
Whether you believe law enforcement is “going dark” or we are in a “golden age of surveillance,” law enforcement faces serious challenges in identifying and accessing digital…