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 Fourth Amendment government agency problem requires platforms to walk a fine—and sometimes untenable—line in searching for private user content that contains child sex abuse material and other illegal material.
A new report shows the widespread use by law enforcement of tools that circumvent encryption barriers.
Our interview in this episode is with Michael Daniel, formerly the top cybersecurity adviser in the Obama administration’s National Security Council and currently the CEO of the Cyber Threat Alliance (CTA). Michael lays out CTA’s mission. Along the way he also offers advice to the Biden cyber team—drawing in part on the wisdom of Henry Kissinger.
This is my favorite story of the episode. David Kris covers a report from the Privacy and Civil Liberties Oversight Board on the enormous value that European governments get in fighting terrorism from the same American surveillance programs that European institutions have been fighting for twenty years to shut down. It’s a delightful takedown of European virtue-signaling, and I hope the Biden Administration gives the PCLOB a new name and mission in honor of the report.
On Sept. 4, the Office of the Director of National Intelligence released a tranche of documents regarding procedures governing foreign intelligence collection. We summarize those documents here.
The Office of the Director of National Intelligence, in conjunction with the Justice Department, released a March 5 opinion from the Foreign Intelligence Surveillance Court. The opinion pertains to a proposed novel electronic surveillance technique and its compliance with Title I of the Foreign Intelligence Surveillance Act. The opinion can be found here and below.
An overlooked part of United States v. Moalin could have a major impact on surveillance law.
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