Latest in Surveillance & Privacy
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The “Interior Security” Executive Order, the Privacy Act, and Privacy Shield
Yesterday’s Executive Order on “Enhancing Public Safety in the Interior of the United States” triggered alarm among privacy advocates in the U.S. and EU about the continued viability of the economically ... -
Democracy, Hacked: A Security Argument for Data Protection
The recent Office of the Director of National Intelligence (ODNI) report on Russia’s efforts to “undermine public faith in the US democratic process” through “an influence campaign in 2016 aimed at the U... -
So Much for the Privacy Shield
Digital commerce across the Atlantic is highly dependent on the free flow of data. And that, in turn, is dependent on the existence of roughly equivalent privacy protections on both sides of the Atlanti... -
The Lawfare Podcast: What the Privacy Debate Gets Wrong
On January 13th, Benjamin Wittes and Emma Kohse released a new paper challenging the assumption that "privacy is an eroding value," worn away by the incessant collection of online data about consumer hab... -
The Economic Case for Preserving PPD-28 and Privacy Shield
As the new administration takes office this week, we will start to see just how literally to take Donald Trump's pronouncements and the promised targeting of his predecessor’s executive orders for immedi... -
Why the EU Has Issued Relatively Few Data Protection Adequacy Determinations? A Reply
A January 2, 2017 commentary by Ariel Teshuva raises an intriguing question. While the European Commission is vested with the authority under Article 25(6) of the Data Protection Directive to issue data ... -
Empirical Data on the Privacy Paradox
The contemporary debate about the effects of new technology on individual privacy centers on the idea that privacy is an eroding value. The erosion is ongoing and takes place because of the government an... -
The Privacy Paradox II: An Event at Brookings on Friday
On Friday morning, I will be releasing a new Brookings paper that readers may find interesting. Stewart Baker of Steptoe & Johnson and Amie Stepanovich of Access Now will be discussants on the paper, whi... -
Follow Buddies and Block Buddies: A Simple Proposal to Improve Civility, Control, and Privacy on Twitter
The 2016 election has put squarely on the public agenda a series of questions related to the norms of social media, everything from the proliferation of fake news on Facebook to the trolling culture of T... -
Why Has the EU Made So Few Adequacy Determinations?
Data is a "magic material" that "is becoming the fuel for innovation,” says former European Commission Vice President Neelie Kroes. But getting this “magic material” out of the EU is a complicated busin... -
The Year in Review: Section 702 & Going Dark
As 2016 (finally) comes to an end, we’re looking back on an eventful year. This week, Lawfare will be rounding up coverage of some of our favorite national security topics of the past twelve months. Toda... -
The Surprisingly Weak Reasoning of Mohamud
In a recent post here at Lawfare, April Doss argues that the Ninth Circuit’s decision in United States v.
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