Latest in Surveillance & Privacy
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The Microsoft-Ireland Case: A Supreme Court Preface to the Congressional Debate
In our interconnected world, the electronic data that we create may be stored far away from us, without regard for national boundaries. If our data become relevant to legitimate law enforcement investiga... -
Deepfakes: A Looming Crisis for National Security, Democracy and Privacy?
“We are truly fucked.” That was Motherboard’s spot-on reaction to deepfake sex videos (realistic-looking videos that swap a person’s face into sex scenes actually involving other people). And that sleazy... -
A Way Forward on Section 702 Queries
The legislative debate over Section 702 of the Foreign Intelligence Surveillance Act has ended with passage of a six-year reauthorization that omitted many of the provisions privacy advocates had argued ... -
Mueller’s Indictment of Russian Hackers Highlights the Stakes of the Microsoft Case
Robert Mueller’s indictment of Russians suspected of interfering in the 2016 presidential elections is remarkable for a number of reasons. It is remarkable because it suggests that Mueller’s team was ab... -
NAS Report: A New Light in the Debate over Government Access to Encrypted Content
The encryption debate dates back to Clinton administration proposals for the “clipper chip” and mandatory deposit of decryption keys. But that debate reached new prominence in connection with the FBI’s e... -
Small Towns, Big Companies: How Surveillance Intermediaries Affect Small and Midsize Law Enforcement Agencies
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Friends of the Court: A Suggestion for the FISA Court on the Nunes Memo
You wouldn’t know it from the endless public discussion of the Nunes Memo and the Democratic response to it, but the House of Representatives does not get to decide whether a FISA application is valid. C... -
Interview: The British Perspective on the Cross-Border Data Problem
The issue of law enforcement access to data held abroad is in the news again with the Supreme Court set to hear oral argument in United States v. Microsoft on Feb. 27, and Congress considering the recent... -
The CLOUD Act: A Welcome Legislative Fix for Cross-Border Data Problems
Lawfare readers are familiar with the perennial regulatory challenge of determining which country’s law enforcement agents ought to be able to access internet data stored in the cloud. This is a consider... -
Summary: Jewel v. NSA and the Accidental Deletion of Surveillance Data
The National Security Agency made headlines last week when Politico reported that the agency had made a court filing informing a federal judge that it had accidentally deleted data related to ongoing lit... -
Summary: The FISA Amendments Reauthorization Act of 2017
The Senate voted 65 to 34 to extend FISA Section 702 authorities for six years on Thursday, one day before the temporary authorization was set to expire. The House passed the reauthorization measure on J... -
The Merits of Supporting 702 Reauthorization (Despite Worries About Trump and the Rule of Law)
The Senate voted by a razor-thin margin Tuesday to invoke cloture on the FISA Amendments Reauthorization Act of 2017, which would reauthorize for six years Section 702 of the Foreign Intelligence Surveil...
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