Privacy
280 Articles
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…
Launch Event – Low-Hanging Fruit: Evidence Based Solutions to the Digital Evidence Challenge
Tomorrow morning (Wednesday, July 25), from 8-10 am ET, Senator Sheldon Whitehouse — along with DOJ’s former Assistant Attorney General for National Security, David Kris…
Carpenter Ruling Brings Us Back From Brink of Orwellian Surveillance State
Orwell described a world where limitless surveillance makes us question every action, every thought. Last Friday’s decision in Carpenter v. United States brought us one step…
The Broad Reach of Carpenter v. United States
By focusing on the nature of the information rather than on the telecommunications nitty-gritty used to gather the information or the structure of the database in which the information…
Exigent Circumstances: iOS 12’s USB Restricted Mode and Warrantless iPhone Access
Apple recently confirmed the introduction of a new feature called “USB Restricted Mode” in the latest version of the iPhone’s mobile operating system, iOS 12. If enabled…
Dangerous Drone Bill Emerges from Senate Committee
It’s rare that a congressional committee tasked with overseeing homeland security approves a bill that would not only authorize sweeping surveillance, but also could pose a significant…
What If Police Use ‘Rekognition’ Without Telling Defendants?
At least two US law enforcement departments -- and Motorola, which sells equipment to the government -- have already purchased access to Amazon’s “Rekognition” system. This…
Both the US’s Cloud Act and Europe’s GDPR Move Far Beyond Geography, but Will Not Solve Transatlantic Jurisdictional Conflicts
Europe’s destination approach of cyberspace privacy builds up to extraterritorial jurisdiction Among the many rather general issues discussed in Mark Zuckerberg’s hearing before…
Digital Free for All Part Deux: European Commission Proposal on E-Evidence
The European Commission has released a proposal to enable EU-member states’ law enforcement authorities to access digital information regardless of where that data is stored.…