Surveillance
681 Articles
How to Move the Battle Lines in the Crypto-Wars
Get ready for another round of the crypto-wars. A recent report in the New York Times indicates that the Justice Department has been quietly discussing with researchers ways to…
Somewhat Improved, the CLOUD Act Still Poses a Threat to Privacy and Human Rights
Above: President Donald Trump gestures to the $1.3 trillion spending bill passed by Congress early Friday. The president just signed a 2,232 page omnibus bill to fund the government…
Congress Should Place More Limits on Cellphone Location Tracking After Carpenter
This spring, the United States Supreme Court will issue a ruling in the landmark case of Carpenter v. United States, deciding whether the government requires a warrant to continuously…
Privacy and Civil Liberties under the CLOUD Act: A Response
[Cross-Posted at Lawfare] In a post last week, Neema Singh Guliani of the ACLU and Naureen Shah of Amnesty International disagreed with our earlier arguments as to “Why the CLOUD…
DHS’ Constant Vetting Initiative: a Muslim-Ban by Algorithm
Above: President Donald Trump and DHS Secretary Kirstjen Nielsen. Late last week, the Congressional Black Caucus (CBC) wrote to the Department of Homeland Security, urging it…
Why An Encryption Backdoor for Just the “Good Guys” Won’t Work
Recently, U.S. law enforcement officials have re-energized their push for a technical means to bypass encryption. But seeking to undermine encryption only looks backward instead…
Symposium Recap: We Need the Cloud Act To Save Us & What Bill Dodge Got Right
Arguments in the Microsoft Ireland case are now less than a week away. Despite the desires of many (including me) that Congress move quickly to pass the CLOUD Act – and thereby…
Microsoft (Ireland) and the Federal Rules of Criminal Procedure
Microsoft (Ireland) raises a difficult policy question about when and how U.S. law enforcement may access cross-border data. Unfortunately, the Supreme Court is seemingly set to…
“Extraterritorial” Is Not a Bad Word, Even on the Internet
In the world of Internet policy, it is a slur to call something an assertion of extraterritorial jurisdiction. Coverage of, for example, Canada’s recent ruling against Google…
United States v. Microsoft: Why the Government Should Win the Statutory Interpretation Argument
In United States v. Microsoft, the U.S. Supreme Court will determine the geographic scope of Section 2703 of the Stored Communications Act (SCA), which allows the government to…
Microsoft Ireland: Extraterritoriality Step Zero
United States v. Microsoft is a fascinating case because it appears at the cross-roads of so many different areas of the law—the Fourth Amendment, criminal law, data privacy,…
The Age of Unregulated Social Media Is Over
In the United States, discussion of regulating technology companies such as Google, Facebook and Twitter is still relatively rare, and considered remarkable when it occurs. But…