The Department of Justice submitted an unusual court filing in litigation over the release of the Carter Page FISA, arguing that the president's statements on Twitter concerning the Page FISA should not be assumed to be accurate or based on the president's personal knowledge of the underlying issue. The document, which was filed on Nov. 30 and first flagged by USA Today reporter Brad Heath, is available here and 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 security community should its time and talents making the digital world safer rather than demolishing what trust and security still remain in our technology, our devices, and our infrastructure.
Even if it could be built, “responsible” law enforcement access technology is not responsible at all.
Over the next few days, a series of essays on Lawfare will capture some of the views presented at the Crypto 2018 Workshop on Encryption and Surveillance.
GCHQ officials outline how to enable the majority of the necessary lawful access without undermining the values we all hold dear.
The good-faith exception has washed out cases involving pre-Carpenter searches, but a few courts have extended the ruling’s logic to new types of data.
The ‘Big Brother Watch’ Ruling on U.K. Surveillance Practices: Key Points from an American Perspective
Last month the European Court of Human Rights found that various U.K. surveillance practices violate the Right to Privacy in the European Convention. The case is a great opportunity to better understand what is—and is not—similar about U.S. and EU legal frameworks in this area.
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