The CJEU invalidated one principal legal method for the transfer of personal data from EU territory to the United States and cast substantial doubt on the validity of the other. What are the consequences...

The U.S. District Court for the District of Columbia ruled recently that the commission must hold open meetings and make material available to the public.

Adapted from a June 2020 Brookings report, this is the third in a series of Lawfare posts on proposed federal privacy legislation. This piece addresses the role of civil rights in privacy legislation.

Adapted from a June 2020 Brookings report, this is the second in a series of Lawfare posts on proposed federal privacy legislation. This piece addresses private rights of action for individuals.

My new paper examines three critical issues in the NSA’s collection of Call Detail Records.

Adapted from a June 2020 Brookings report, this is the first in a series of Lawfare posts addressing federal privacy legislation. This piece focuses on proposals for federal preemption of state privacy l...

Facial recognition software has recently attracted scrutiny for its adoption by some police departments across the United States. Very few U.S. states and localities have laws to adequately protect again...

What on earth is going on with FISA reform in Congress?

The department argues that a provision giving greater power to amici arguing before the FISA Court could endanger national security. That argument strains credulity.

If Joe Biden wins the November election, Americans will likely see a reversion to a more traditional approach to the presidency. What might that mean in the field of U.S. national security?

This week, the Senate will vote on five amendments to H.R. 6172, which would reauthorize certain intelligence-related authorities that expired on March 15 and would also make substantive changes to the F...

There are long-overlooked dangers embedded within the adoption of digital technologies—and as society shifts online during the pandemic, consumers and policymakers must figure out how to address those ri...