Latest in Electronic Communications Privacy Act
If the government fails to engage in some greater degree of transparency about how it interprets and applies its existing surveillance authorities, the U.S. risks significant and unnecessary diminution of national interests in both security and privacy and civil liberties.
The House Judiciary Committee is holding a hearing at 10am this morning on cross-border data requests, featuring testimony from the Department of Justice, the U.K. government, Google, the Center for Democracy and Technology, state law enforcement, and yours truly. The hearing will be livestreamed here, where you can also find the written testimony.
Omni-CISA has passed. Privacy advocates are waxing outraged and pundits are tallying the winners and losers. Over at Just Security, Jennifer Granick ominously warns that:
This is the second post in a series analyzing the Daskal-Woods reform proposal for law enforcement demands for communications content across national borders. In the first post, I examined how the proposal dealt with communications content. Here, I explain why the proposal should also account for cross-border law enforcement demands for metadata.
The Second Circuit heard oral argument Wednesday in Microsoft’s dispute with the Department of Justice over access to emails stored in Ireland.