The New York Times reported on March 24 that the FBI and Justice Department are again pushing for extraordinary access to encrypted data. This will certainly set off yet another round of the long-standin...

When the government argues that it’s “going dark” because of ubiquitous end-to-end encryption, it often stresses how encryption thwarts counterterrorism investigations. When FBI Director Christopher Wray...

The shocking misuse of personal data by Cambridge Analytica, actively facilitated by Facebook, was a preventable harm. Hundreds of thousands of individuals who thought they were participating in an acade...

Lawfare readers may be familiar with the San Bernardino case in which the FBI took Apple to court over the locked iPhone of the dead terrorist. I certainly am. I testified in Congress about the case in M...

Last month, the National Academies released their report on potential solutions to the problem of law enforcement access to encrypted data. The reaction was polite but unenthusiastic.

Amid the chaos of the last week, one of the most significant pieces of internet legislation of the last two decades went relatively unnoticed.

These days, stories about the use of facial recognition software (FRS) are legion. One of us wrote in January about the Chinese government’s extensive use of FRS. Just this month, U.S. Customs and Border...

Finally, Mark Zuckerberg has spoken. The short version of his response? “We have a responsibility to protect your data, and if we can't then we don't deserve to serve you.” But Zuckerberg is wrong. The C...

Not so long ago, it was hard to find anyone who thought regulating Silicon Valley was even possible, let alone a good idea. Deference to the technology industry was such that companies were sometimes eve...

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 Act is good for privacy and human rights.

Is it a crime to provide communication services designed to be proof against government access? This question does not normally arise in the Going Dark debate. The key question instead has been whether ...