Latest in Surveillance & Privacy
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Facial Recognition as a Less-Bad Option
The perils that flow from facial recognition can be mitigated through sensible limits without banning the technology and the risks of facial recognition are less bad than the options police have without ... -
The Impact of Carpenter v. United States in the Lower Courts and the Emerging Carpenter Test
An analysis of the federal and state judgments applying Carpenter illuminates both the present state of the law and the paths along which it will likely continue to develop. -
Summary of the GAO Report on Federal Use of Facial Recognition Technology
Federal departments are poised to expand their use of facial recognition systems across a wide range of use cases in the absence of federal regulation. -
The Sussmann Indictment, Human Source Handling, and the FBI’s Declining FISA Numbers
The prosecution of Michael Sussmann’s indictment may seem unconnected to the precipitous drop in the volume of the intelligence community’s use of complex investigative techniques. The two are, in fact, ... -
What the Inspector General’s Latest FISA Report Can (and Can’t) Tell Us
In light of the Inspector General’s latest report, how worried should we be about the state of the FISA process? -
The FBI’s FISA Mess
The inspector general’s latest report on FISA implementation at the FBI is not as bad as it looks, but it’s not good either. -
Justice Department IG Releases Audit of FISA Procedures
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Modern Day General Warrants and the Challenge of Protecting Third-Party Privacy Rights in Mass, Suspicionless Searches of Consumer Databases
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Fourth Circuit Rejects Wikimedia’s Suit Against the NSA on Secrecy Grounds
The Wikimedia Foundation, which runs Wikipedia, claimed that the NSA’s “Upstream” surveillance program captures its international communications and is a violation of its First Amendment free-speech righ... -
Supreme Court to Hear State Secrets Case on FBI Surveillance
The court’s ruling in FBI v. Fazaga could have significant implications for future challenges to government surveillance under FISA and to the government’s use of the state secrets privilege. -
Apple Client-Side Scanning Takes A Pause
Late on Friday, Apple stated that it would postpone its plans to deploy a system that scanned images on iPhones for child sexual abuse material (CSAM). -
U.K.’s Post-Brexit Strategy on Cross-Border Data Flows
On Aug. 25, the U.K. Department for Digital, Culture, Media & Sport (DCMS) released important details about its post-Brexit strategy for cross-border flows of personal data. What's in the release?


