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Category Archives: Privacy

Drones at Home: Domestic Drone Legislation – A Survey, Analysis and Framework

Zoldi, Dawn M. K., Drones at Home: Domestic Drone Legislation — A Survey, Analysis and Framework (July 9, 2014). Available at for download SSRN: http://ssrn.com/abstract=2486259

Can the government employ drones domestically without running roughshod over personal privacy? In an effort to preemptively rein in potential government overreach, most states have proposed legislation that restricts or forbids government drone use. The intent is to prevent drone use for warrantless information and evidence collection. Ironically, many of these proposals will have the opposite affect intended. State-­by-­state drone legislation may lead to consequences such as the erosion of Fourth Amendment jurisprudential principles, losses of life and property, procedural windfalls to criminals, and deleterious effects on the military. Lawmakers should take a nuanced approach to government drone use rather than selectively revising constitutional protections. A nuanced approach would allow the federal government to use drones to their full potential while also protecting personal privacies. There are four principles that should guide drone legislation: (1) apply the Fourth Amendment agnostically; (2) ensure operational purpose language distinguishes between law enforcement and non-­law enforcement professionals; (3) focus new regulations focus on information collection, dissemination, and retention; (4) develop narrowly tailored remedies that deter specific behavior consistent with their historical purpose. Drone legislation drafted with these principles in mind will protect our national security and our civil liberties.”

Investigative Report – NSA created ‘google-like search’ engine – shared access with other agencies

“Data available through ICREACH appears to be primarily derived from surveillance of foreigners’ communications, and planning documents show that it draws on a variety of different sources of data maintained by the NSA. Though one 2010 internal paper clearly calls it “the ICREACH database,” a U.S. official familiar with the system disputed that, telling The Intercept that while “itContinue Reading

Social Media and the ‘Spiral of Silence’

“A major insight into human behavior from pre-internet era studies of communication is the tendency of people not to speak up about policy issues in public—or among their family, friends, and work colleagues—when they believe their own point of view is not widely shared. This tendency is called the “spiral of silence.” Some social media creatorsContinue Reading

European Facebook Users Privacy Lawsuit Moves Forward

EPIC: “A group of over 25,000 European Facebook users may proceed with their lawsuit against Facebook. The users, led by privacy activist Max Schrems, sued Facebook in a court in Vienna. The users charge Facebook with violating EU privacy law by improperly handling users’ data. Now that the court has approved the class action suit, Facebook must respond toContinue Reading

How a Chinese National Gained Access to Arizona’s Terror Center

ProPublica:  The un-vetted computer engineer plugged into law enforcement networks and a database of 5 million Arizona drivers in a possible breach that was kept secret for years. by Ryan Gabrielson, ProPublica and Andrew Becker, Center for Investigative Reporting, August 26, 2014. “LIZHONG FAN’S DESK WAS AMONG A CROWD of cubicles at the Arizona Counter Terrorism InformationContinue Reading

The transfer of personal data to third countries and international organisations by EU institutions and bodies

European Data Protection Supervisor - The transfer of personal data to third countries and international organisations by EU institutions and bodies. Position paper. Brussels, 14 July 2014. “This paper provides guidance to EU institutions and bodies on how to interpret and apply the rules laid down in Regulation (EC) No 45/2001 in the context of international transfers of personalContinue Reading

New on LLRX – Four Part Series on Privacy and Data Security Violations

Via LLRX.com – fours new articles by law professor Daniel J. Solove on privacy, data protection and the harm caused by breaches. Privacy and Data Security Violations: What’s the Harm? - Daniel J. Solove is a Law professor at George Washington University Law School, an expert in information privacy law, and founder of TeachPrivacy, a privacy and securityContinue Reading

Security Experts: EPIC Correct About Body Scanners-Invasive and Ineffective

“The first independent analysis of backscatter x-ray body scanners corroborate the claims EPIC and others have made for several years: The scanners are invasive and ineffective. In a detailed report published in 2005, EPIC warned that the x-ray body scanners amounted to a virtual strip search and were an ineffective means of airport security. Freedom of Information Act documents later obtainedContinue Reading

The Scope and Potential of FTC Data Protection

Hartzog, Woodrow and Solove, Daniel J., The Scope and Potential of FTC Data Protection (July 1, 2014). 83 George Washington Law Review, 2015, Forthcoming; GWU Law School Public Law Research Paper No. 2014-40; GWU Legal Studies Research Paper No. 2014-40. Available for download at SSRN: http://ssrn.com/abstract=2461096 “For more than fifteen years, the Federal Trade Commission (FTC)Continue Reading

Preliminary Draft of Proposed Amendments Federal Rules of Appellate, Bankruptcy, Civil, and Criminal Procedure

“On August 15, 2014, the public comment period opens for proposed amendments to: Appellate Rules 4, 5, 21, 25, 26, 27, 28.1, 29, 32, 35, and 40, and Forms 1, 5, 6, and New Form 7; Bankruptcy Rules 1010, 1011, 2002, 3002, 3002.1, 3007, 3012, 3015, 4003, 5009, 7001, 9006, and 9009, and New RuleContinue Reading

Newly Declassified Documents Regarding Now-Discontinued NSA Bulk Electronic Communications Metadata

ODNI: “Following a declassification review by the Executive Branch, the Department of Justice released on August 6, 2014, in redacted form, 38 documents relating to the now-discontinued NSA program [scroll down the page to locate the links] to collect bulk electronic communications metadata pursuant to Section 402 of the FISA (“PRTT provision”).  These documents are also responsiveContinue Reading

CRS – Telemarketing Regulation: National and State Do Not Call Registries

Telemarketing Regulation: National and State Do Not Call Registries. Kathleen Ann Ruane, Legislative Attorney. August 14, 2014 “Today, it is axiomatic that telemarketers in the United States generally are not permitted to place outgoing telemarketing calls to phone numbers on the national do not call list, unless an exception applies. This was not always the case, however. TheContinue Reading