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Subcommittee ranking member Sen. Sheldon Whitehouse (D-RI) speaks as Sen. Dick Durbin (D-IL) looks on during a Senate Judiciary Subcommittee on Crime and Terrorism hearing titled 'Extremist Content and Russian Disinformation Online' on Capitol Hill, October 31, 2017 in Washington, DC. A sign behind them reads, “The Russian Toolbox in the 2016 Election – Propaganda, Fake News, Trolls, and Bots: Yes – Hacking and Theft of Political Information: Yes – Timed Leaks of Damaging Material: Yes“

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…
Political activist Katharina Nocun, speaking under a banner that reads: "No to a German NSA" and showing a picture of U.S. whistleblower Edward Snowden, leads a protest against pending legislation expanding the legal surveillance capabilities of Germany's Federal Intelligence Service (Bundesnachrichtendienst, or BND) outside the Reichstag on September 26, 2016 in Berlin, Germany. Protesters behind her hold additional signs.

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…
A 3-D illustration of scales lit up against a dark electronic background with computer terms in pale letters.

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…
Apps on a phone: Google Chrome, GoogleFotos, Googel Drive, Google Maps, Google Earth, and Google Calendar.

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…
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