Video of the House Judiciary Committee's hearing on Section 702 of the Foreign Intelligence Surveillance Act.
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?
Materials of interest to Lawfare readers regarding the House Judiciary Committee's hearing this morning on Section 702 of the Foreign Intelligence Surveillance Act
Section 702 was written to be an important intelligence tool, but drafters did not give sufficient consideration to (1) how the statute is applied in the law enforcement context and (2) how the statute impacts U.S. companies operating in foreign jurisdictions.
In order to be effective at protecting privacy and due process rights, closing the backdoor search loophole must also be paired with additional restrictions on using Section 702 data for domestic criminal investigations.
Under minimization rules, no serious argument can be made that Flynn’s identity was not necessary to understand the intelligence significance of his call with the Russian ambassador. The call is foreign intelligence information mainly because it involves Mr. Flynn.
An EDPA magistrate judge declines to adopt the Second Circuit's holding in Microsoft regarding tech companies' obligation to comply with search warrants for emails stored overseas.
What is the provision on the Privacy Act of Trump's Executive order on “Enhancing Public Safety in the Interior of the United States" aimed at?
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