Surveillance
697 Articles
ECPA Reform: A Primer
Last week, the Second Circuit heard oral argument in the Microsoft Ireland case (transcript). The dispute raises a number of pressing questions about the Electronic Communications…
Just Security’s Second Anniversary Event: The Going Dark Debate
Two years ago this month, Steve Vladeck, Ryan Goodman, and our extraordinary Editorial Board, launched Just Security. In celebration of two fascinating years, we are thrilled to…
DOJ’s New Stingray Policy is a Good Start, But It’s Got Problems
Last Thursday afternoon, just as we were all heading out for the Labor Day weekend, the Justice Department released new policy guidance on the use of cell-site simulator technology.…
The Difficulty With Metaphors and the Fourth Amendment
The Fourth Amendment to the US Constitution seems straightforward on its face: At its core, it tells us that our “persons, houses, papers, and effects” are to be protected…
Better Never Than Late? The D.C. Circuit’s Problematic Standing Holding in Klayman
This morning, nearly 10 months after it was argued, the D.C. Circuit finally handed down its decision in Obama v. Klayman—the government’s appeal of Judge Leon’s December…
Armed Drones and the Influence of Big Business on Police Surveillance Technology
On Wednesday, the Daily Beast reported that the North Dakota state legislature recently passed a bill allowing law enforcement drones to carry less-than-lethal weapons. In theory,…
Does CISA Contain a Surveillance Law XSS Attack?
Skeptical concerns about the proposed Cybersecurity Information Sharing Act have, thus far, tended to fall into two main categories: Doubts about efficacy—most actual practitioners…
The Dream of Internet Freedom Doesn’t Have to Die
This post is a version of the introduction to the author’s keynote speech, “The Lifecycle of a Revolution” at this year’s Black Hat information security conference. Twenty…
French Surveillance Law Compared to US Surveillance Law
Last Thursday, France’s constitutional court—le Conseil constitutionnel—issued a ruling upholding most of that country’s controversial new surveillance law, enacted in…
The Role of Judges Under UK Surveillance Laws May be About to Change
For centuries, the authorization of surveillance powers under UK law has – for the most part – been in the hands of the executive rather than judges. All that may be about…
Legislative Cyber Threats: CISA’s Not The Only One
If anyone in the United States Senate had any doubts that the proposed Cyber Information Sharing Act (CISA) was universally hated by a range of civil society groups, a literal…
Has the Human Rights Committee Extended its Reach?
Last week the UN Human Rights Committee, the independent body created by the International Covenant on Civil and Political Rights (ICCPR) to monitor states’ compliance, issued…