Latest in Surveillance & Privacy
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The Pentagon’s New Algorithmic-Warfare Team
In April 2017, the Pentagon created an “Algorithmic Warfare Cross-Functional Team,” pending a transfer of $70 million from Congress. The premise of this initiative is that maintaining a qualitative edge ... -
The 18 FISA Court Opinions on Section 702: Summaries
Pursuant to a FOIA request from the Electronic Frontier Foundation (EFF), the FISA Court has released 18 redacted opinions regarding FISA Section 702. The opinions primarily concern the authorization of ... -
Beyond CFIUS: The Strategic Challenge of China’s Rise in Artificial Intelligence
Congress may soon consider legislation reportedly being drafted by Senator Cornyn that could heighten scrutiny of Chinese investments in artificial intelligence and other sensitive emerging technologies ... -
How Congress Should Evaluate Section 702’s Security Value When Debating Its Reauthorization
We are rapidly approaching the point where Congress must decide the future of Section 702 of FISA, the authority for the PRISM and Upstream warrantless surveillance programs that expires at the end of th... -
What Should Senator Wyden Ask About Section 702 Now?
Director of National Intelligence Dan Coats testified last week that he would be unable to provide an estimate of the number of U.S. persons whose information has been incidentally collected under Sectio... -
U.S. Commitment to the Privacy Shield Remains Strong
My friend Cam Kerry, in a recent Lawfare post expressed concern that actions of the Trump Administration are undermining the Privacy Shield, the important agreement between the United States and the Eur... -
The Simplest Cross-Border Fix: Removing ECPA’s Blocking Features
The House Judiciary Committee is holding a hearing at 10am this morning on cross-border data requests, featuring testimony from the Department of Justice, the U.K. government, Google, the Center for Demo... -
FISA Court Releases 18 Opinions Regarding Section 702
Pursuant to a FOIA request from the Electronic Frontier Foundation, the FISA Court has released 18 redacted opinions, each regarding FISA Section 702. The opinions are listed below. -
Ending The Endless Crypto Debate: Three Things We Should Be Arguing About Instead of Encryption Backdoors
Recently I participated in a fascinating conference at Georgia Tech entitled “Surveillance, Privacy, and Data Across Borders: Trans-Atlantic Perspectives.” A range of experts grappled with the internatio... -
Trump Puts U.S.-EU Privacy Shield At Risk
The U.S.-EU Privacy Shield framework, the agreement between the U.S. government and the European Commission that enables continued flows of commercial data from Europe to the United States, is undergoing... -
Liveblog: Senate Intel Committee's Section 702 Hearing
This morning at 10:00 ET we are liveblogging the Senate Intelligence Committee's hearing on Section 702, the provision of the Foreign Intelligence Surveillance Act set to sunset at the end of this year. -
Senator Tom Cotton Introduces Bill to Make FISA Section 702 Permanent
Earlier today, Senator Tom Cotton (R-AR) introduced legislation to make permanent Section 702 and the other components of Title VII of the Foreign Intelligence Surveillance Act, along with a group of Rep...
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