A review of Lawfare's 2017 coverage of privacy law.
Privacy Paradox: Rethinking Solitude
Privacy Paradox takes an unorthodox look at the law and policy of contemporary privacy: intelligence reform, the transatlantic divide over data protection and government data collection, and the incipient international law of privacy. What does the "right to be let alone" mean in a world in which we leave digital dust wherever we go and entrust our lives to companies we know to be exploiting our data for commercial gain? Do we want those companies to stand up to government or work with it—or both?
The Best Way to Rule for Carpenter (Or, How to Expand Fourth Amendment Protections Without Making A Mess)
Professor Kerr's thoughts on the best way to establish Fourth Amendment rights in cell-site records.
As the year is coming to a close, Congress has now missed the deadline for reauthorizing FISA Section 702. Molly Reynolds, a Brookings fellow in Governance Studies and expert on Congress, joined Benjamin Wittes and Susan Hennessey for a converation on the failure to reauthorize and what happens next. They discussed the politics of Section 702, the influence of this year's overall legislative agenda, and what to expect in 2018 for the crucial intelligence apparatus.
The answer is probably no. But that's not as obvious as many people seem to think.
A new petition for certiorari will give the Supreme Court the opportunity to resolve a circuit-split on an important issue of standing in data breach cases.
The Microsoft warrant case in the Supreme Court involves a demand by the U.S. government that Microsoft repatriate content data stored in a data center in Ireland and provide it to DOJ. The case raises a number of deeply interesting and complex issues about law enforcement cooperation; extraterritoriality of Ameican law; commercial matters; data privacy concerns; and implications for reciprocal sovereignity in a digitized world. Along with many far more notable former officials, I joined an amicus brief filed the other day in support of neither party. Here's a copy:
Document: House Permanent Select Committee on Intelligence FISA Amendments Reauthorization Act of 2017
The House Permament Select Committee on Intelligence (HPSCI) version of the Foreign Intelligence Surveillance Act (FISA) Amendements Reauthorization Act of 2017.
Subscribe to Privacy Paradox: Rethinking Solitude via RSS.