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Daily Archives: February 28, 2014

Paper – Is Data Speech?

Is Data Speech? January 2014 66 Stan. L. Rev. 57. Jane Bambauer, Associate Professor of Law, University of Arizona, James E. Rogers College of Law; J.D., Yale Law School; B.S., Yale College.

“Privacy laws rely on the unexamined assumption that the collection of data is not speech. That assumption is incorrect. Privacy scholars, recognizing an imminent clash between this long-held assumption and First Amendment protections of information, argue that data is different from the sort of speech the Constitution intended to protect. But they fail to articulate a meaningful distinction between data and other more traditional forms of expression. Meanwhile, First Amendment scholars have not paid sufficient attention to new technologies that automatically capture data. These technologies reopen challenging questions about what “speech” is. This Article makes two overdue contributions to the First Amendment literature. First, it argues that when the scope of First Amendment coverage is ambiguous, courts should analyze the government’s motive for regulating. Second, it highlights and strengthens the strands of First Amendment theory that protect the right to create knowledge. Whenever the state regulates in order to interfere with the creation of knowledge, that regulation should draw First Amendment scrutiny. In combination, these claims show clearly why data must receive First Amendment protection. When the collection or distribution of data troubles lawmakers, it does so because data has the potential to inform and to inspire new opinions. Data privacy laws regulate minds, not technology. Thus, for all practical purposes, and in every context relevant to privacy debates, data is speech.” [Andrew Young]

The Economist, Essay – What’s gone wrong with democracy

[snipped – article includes charts and graphics] – “Democracy is going through a difficult time. Where autocrats have been driven out of office, their opponents have mostly failed to create viable democratic regimes. Even in established democracies, flaws in the system have become worryingly visible and disillusion with politics is rife. Yet just a fewContinue Reading

Army Field Manual for Cyber Electromagnetic Activities

Via Defense One, by Patrick Tucker – How the Army Plans to Fight a War Across the Electromagnetic Spectrum: “The Pentagon long has made a big effort to showcase its budding cyberwarfare capabilities. But the military has been less forthcoming about a key, more tangible component of cyber — electronic warfare – until now. The Army just publically released itsContinue Reading

Market Tantrums and Monetary Policy – Preliminary Draft

Market Tantrums and Monetary Policy, Michael Feroli, Anil K Kashyap, Kermit Schoenholtz, and Hyun Song Shin, February 2014 Conference Draft – released February 28, 2014. “The Initiative on Global Markets conference began with this year’s report “Market Tantrums and Monetary Policy,” written by Michael Feroli (JP Morgan Chase), Anil Kashyap (Chicago Booth), Kim Schoenholtz (NYU) and Hyun Song Shin (Princeton).”

The GLOBE Climate Legislation Study

“On 27 February 2014, the Global Legislators Organisation (GLOBE International) released the 4th edition of the GLOBE Climate Legislation Study – produced in partnership with the Grantham Research Institute at the London School of Economics. The Study is the most comprehensive audit of climate legislation across 66 countries, together responsible for around 88% of global manmade greenhouse gasContinue Reading

CRS – U.S. Nuclear Weapon “Pit” Production

U.S. Nuclear Weapon “Pit” Production Options for Congress, Jonathan E. Medalia, Specialist in Nuclear Weapons Policy. February 21, 2014. “Of all the problems facing the nuclear weapons program and nuclear weapons complex over the past several decades, few, if any, have been as vexing as pit production. A “pit” is a hollow plutonium shell that is imploded, creatingContinue Reading

IG for National Reconnaissance Office Documents Long History of Errors in Classification of Documents

Secrecy News: “The National Reconnaissance Office (NRO), the agency that builds and operates U.S. intelligence satellites, frequently makes mistakes when it classifies national security information, according to an assessment performed last year by the NRO Inspector General. “From the classified documents we reviewed at NRO headquarters, 114 of 134 documents contained classification errors,” the IG report said. Agency classificationContinue Reading

Clinton Presidential Library’s first public release of confidential documents

CNN: “The first batch of a massive collection of confidential memos and papers from the Clinton White House will be released Friday, Februrary 28, 2014 by the former commander-in-chief’s presidential library, the National Archives and Records Administration announced Thursday. Approximately 25,000 pages of new documents, including confidential communications between President Bill Clinton and his top advisers, will beContinue Reading