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Privacy

The NSA General Counsel's Proposal for a Moonshot

National Security Agency (NSA) General Counsel Glenn Gerstell presented an interesting and surprising challenge last week, writing in the New York Times that the United States must be ready to face the “profound and enduring implications of the digital revolution.” The essay was interesting in that Gerstell’s writing was almost philosophical, rather than a direct call to action (not exactly a common mode of address for general counsels of intelligence agencies),

Congress

The House Judiciary Committee’s FISA Oversight Hearing: An Overview

The House Judiciary Committee held a hearing Sept. 18 on oversight of the Foreign Intelligence Surveillance Act (FISA), examining specifically whether to reauthorize four provisions of the act set to expire in December. One could be forgiven for missing the hearing amidst the deluge of news this week.

Privacy

The FTC Can Rise to the Privacy Challenge, but Not Without Help From Congress

Editor's note: This piece originally appeared on TechTank.

Facebook’s recent settlement with the Federal Trade Commission (FTC) has reignited debate over whether the agency is up to the task of protecting privacy. Many people, including some skeptics of the FTC’s ability to rein in Silicon Valley, lauded the settlement, or at least parts of it.

Podcasts

The Lawfare Podcast: Bonus Edition: Henry Farrell and Abraham Newman on 'Of Privacy and Power'

On April 23, the Hoover Institution hosted the latest iteration of the Security by the Book series, where Jack Goldsmith interviewed Henry Farrell and Abraham Newman about their new book, “Of Privacy and Power, The Transatlantic Struggle Over Freedom and Security.” They talked about how the relationship between Europe and U.S. has changed in response to regulations and other government action in the security and privacy spheres on both sides of the Atlantic.

Encryption

The Massachusetts High Court Rules That State Can Compel Password Decryption in Commonwealth v. Jones

According to the Pew Foundation, most Americans lock their cell phones, creating an obstacle for some law enforcement investigations—most notably, the FBI in its 2016 standoff with Apple over access to the San Bernardino attacker’s iPhone—and especially for state authorities, which have fewer resources than

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