Latest in Surveillance & Privacy
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The High Stakes of Misunderstanding Section 702 Reforms
In less than a month, Section 702 of the Foreign Intelligence Surveillance Act (FISA) is set to expire. As the clock runs out on one of the U.S. government’s most important counterterrorism and counterin... -
In Defense of Including ‘Unmasking’ Protections in Law
The effort to renew Section 702 of the Foreign Intelligence Surveillance Act (FISA) may turn on a partisan fight over the “unmasking” rules that govern the disclosure of U.S. person identities in intelli... -
Summary: United Kingdom Data Protection Bill
In its 2017 manifesto, the U.K. Conservative and Unionist Party committed itself to “enshrining [the U.K.’s] global leadership in the ethical and proportionate regulation of data” with a new data protect... -
No Privacy Shield, No Parachute?: The Brexit Cliff Edge and Data Regulation
Recent weeks have seen turmoil for Theresa May and her government. International Development Secretary Priti Patel and Defense Secretary Michael Fallon both resigned, and First Secretary of State Damian ... -
Document: House Permanent Select Committee on Intelligence FISA Amendments Reauthorization Act of 2017
The House Permament Select Committee on Intelligence (HPSCI) has released its version of the FISA Amendements Reauthorization Act of 2017. You can find the document here: -
In Defense of the Mosaic Theory
As the Supreme Court begins its formal consideration of the Carpenter case, it seems useful to me to finally take up the challenge that my friend, Orin Kerr, has often laid down -- he asks why nobody is ... -
The Fifth Amendment, Decryption and Biometric Passcodes
The spread of commercially available encryption products has made it harder for law enforcement officials to access to information that relates to criminal and national security investigations. In Octobe... -
Summary: The House Judiciary Committee's Revised USA Liberty Act
On Nov. 8, the House Judiciary Committee passed, 27-8, a revised version of the USA Liberty Act of 2017 with several amendments. Below is a summary of the bill the committee passed, including key changes. -
Summary: FISA Amendments Reauthorization Act
NOTE: This post summarizes the text of Sen. Richard Burr's bill as it stood before a closed committee markup hearing on Oct. 25. An updated bill is now available here. -
Punching the Wrong Bag: The Deputy AG Enters the Crypto Wars
Deputy Attorney General Rod Rosenstein gave a rather remarkable speech on encryption two weeks ago. Arguing that encryption's creation of "warrant-proof" spaces is irresponsible, the deputy attorney gene... -
Getting Encryption onto the Front Burner
I’m happy to be wrong, but I don’t expect the Deputy Attorney General’s recent speech to spark productive engagement in the standoff over encryption. -
The European Commission’s Privacy Shield Review Summarized
On Oct. 18, the European Commission (EC) released its report on the first annual review of the EU-U.S. Privacy Shield framework, the agreement that ensures privacy protections for cross-border transfers ...
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