The Justice Department filed a brief with the Foreign Intelligence Surveillance Court on behalf of the United States arguing that the court lacks the jurisdiction to hear cases from private parties requesting the release of records. The full document is available below:
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 rules of the game need to change before it’s too late.
Carpenter holds, for the first time, that a search can occur without it being a taking of information from any particular place, thing, or person.
How to understand the NSA’s June 28 announcement about its call-detail record databases.
The Electronic Frontier Foundation has filed a lawsuit challenging the constitutionality of the Allow States and Victims to Fight Online Sex Trafficking Act of 2017 (FOSTA), on behalf of two human rights organizations, the Internet Archive, and two individual plaintiffs.
Fourth Amendment law is now a "best guess." After Carpenter, nobody really can say what the law is. That's unfortunate.
There is a lot that is extraordinary and groundbreaking in Carpenter, but the case makes only a small and likely necessary resolution of an unsettled question in the law of subpoenas.
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