Privacy
284 Articles

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…

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…