Lessons learned from the privacy considerations of North Carolina’s coronavirus response.
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The Ninth Circuit Court of Appeals on April 9 ruled that the Facebook users could pursue several wiretap and privacy claims against the company. The plaintiffs allege that Facebook tracked logged-out users’ internet activity by storing cookies on their browsers when they visited outside websites containing Facebook plug-ins and then sold personal profiles based on that data to advertisers.
The official position of the Department of Justice—according to a legal brief filed in February—is that association with a terrorism charge is so stigmatizing that defendants should not be publicly identified, even after conviction. Doing so would lead to “harassment, embarrassment, barriers to reintegration and renewed public attention.” It might even expose defendants to “the potential for violence or renewed contact” by extremist groups “plotting future terrorist attacks or intimidating witnesses.”
In this surveillance-heavy episode [Please use that link; we're still having trouble with the embed code], Professors Chesney and Vladeck dig into a raft of news about foreign-intelligence collection authorities. They open with an overview of how Section 702 collection authority works, and then unpack the recent news that NSA is dropping the “about” collection component of Upstream collection under 702.
The next in our series of book soirees at the Hoover Institution will take place from 5-7 pm on Tuesday, April 18, when Ben will join Russell Miller (professor of law at Washington & Lee University School of Law) and Ralf Poscher (professor of law at University of Freiberg) to discuss their contributions to a new book of essays, Privacy & Power: A Transatlantic Dialogue in the Shadow of the NSA-Affair. All three contributed to the volume, and Russell Miller is the editor.
Pixelization can't protect privacy. Tech improvements make privacy harder all the time. "Google Brain, an offshoot of the Silicon Valley behemoth working on a form of artificial intelligence called deep learning, is finding ways around" pixelization.
With this week’s White House announcement of an intent to nominate additional leadership officials at the Department of Justice, one of whom is current Privacy and Civil Liberties Oversight Board (PCLOB) member Rachel Brand, the PCLOB is one step closer to conducting its business with a lone remaining member, Elisebeth Collins. Board members may not serve in separate U.S. government positions.
On Friday morning, I will be releasing a new Brookings paper that readers may find interesting. Stewart Baker of Steptoe & Johnson and Amie Stepanovich of Access Now will be discussants on the paper, which I wrote with Emma Kohse.
Here's how Brookings is describing the event:
Yesterday, the EU’s highest court issued a major judgment that effectively invalidates a significant portion of the UK’s recently-passed Investigatory Powers Act (aka the “Snooper’s Charter”). The European Court of Justice (CJEU) judgment holds that “general and indiscriminate” data retention laws are inconsistent with the EU’s privacy directives.
Editor's Note: This article has been updated to more accurately reflect the circumstances under which a defense intelligence component may collect U.S. personal information inside the United States.