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Kerr, Orin S. and Schneier, Bruce, Encryption Workarounds (March 20, 2017). Available at SSRN: https://ssrn.com/abstract=2938033 or http://dx.doi.org/10.2139/ssrn.2938033 “The widespread use of encryption has triggered a new step in many criminal investigations: the encryption workaround. We define an encryption workaround as any lawful government effort to reveal an unencrypted version of a target’s data that has been concealed by …
“Lawyers at EFF, the ACLU, and the National Association of Criminal Defense Lawyers released a report today outlining strategies for challenging law enforcement hacking, a technique of secretly and remotely spying on computer users to gather evidence. Federal agents are increasingly using this surveillance technique, and the report will help those targeted by government malware—and importantly their …
“Controversy continues to ramp up in Donald Trump’s presidency, with the latest debate spurred by a congressional vote that reverses landmark online privacy protections put in place during the last days of the Obama administration. While some experts say the problems with online privacy don’t loom as large as health care or immigration, the conflict …
Around half of all adult Americans are on the agency’s image database, and its software is incorrect 15 percent of the time, Jamie Condliffe, March 27, 2017. “Last year, we learned about the remarkable scale of the FBI’s facial-recognition technology, with its access to nearly 412 million photos—many originating from sources unrelated to crime, such …
Chou, James C., Cybersecurity, Identify Theft, and Standing Law: A Framework for Data Breaches Using Substantial Risk in a Post-Clapper World (December 15, 2016). National Security Law Brief, Vol. 7, No. 1, 2016. Available at SSRN: https://ssrn.com/abstract=2938692 “Since Clapper v. Amnesty International USA, many courts have shut the door on victims alleging a heightened risk …
The New York Times – “Landmark internet privacy protections for consumers in the first decisive strike against telecommunications and technology regulations created during the Obama administration, and a harbinger of further deregulation. The measure [S.J.Res.34 sponsored by Senator Flake] passed in a 50-to-48 vote largely along party lines. The House is expected to mirror the …
“Federal government statistics provide critical information to the country and serve a key role in a democracy. For decades, sample surveys with instruments carefully designed for particular data needs have been one of the primary methods for collecting data for federal statistics. However, the costs of conducting such surveys have been increasing while response rates …
Muckrock report and documents: “Declassified records recently unearthed in CREST show the CIA waffled on a promise to obey the law in destroying records of Agency’s illegal activities and wrongdoing In 1976, Congresswoman Bella Abzug wrote to CIA Director George H.W. Bush about the existing moratorium on the destruction of CIA files. As the Chairwoman …
ABA TECHSHOW 2017: 60 tips in 60 minutes – Adam Camras, LegalTalkNetwork; Ivan Hemmans, O’Melveny & Myers LLP; Jack Newton, Clio; Deborah Savadra, Legal Office Guru; Rochelle Washington, DC Bar.
CRS report – Dark Web, Kristin Finklea, Specialist in Domestic Security. March 10, 2017. [via FAS] “The layers of the Internet go far beyond the surface content that many can easily access in their daily searches. The other content is that of the Deep Web, content that has not been indexed by traditional search engines …
FindLaw – “In 2015, the Freedom of the Press Foundation sued the Department of Justice under the Freedom of Information Act in an attempt to force the DOJ to publish its rules for conducting warrantless spying on journalists in the United States. The DOJ responded that it had supplied all of the documentation the Foundation …
Yanisky-Ravid, Shlomit and Lahav, Ben Zion, Public Interest vs. Private Lives – Affording Public Figures Privacy, in the Digital Era: The Three Principles Filtering Model (March 12, 2006). University of Pennsylvania Journal of Constitutional Law, Vol. 19, No. 5, 2017. Available at SSRN: https://ssrn.com/abstract=2931864 “On the basis of reasoning that there exists a broad “right …
