Yesterday, the Second Circuit released its long-awaited opinion in the Microsoft Ireland case, ruling that the DOJ cannot compel Microsoft to produce emails stored on its Irish servers, because to do so would be an extraterritorial application of the Stored Communications Act (SCA), and nothing in the Act rebuts the presumption against extraterritoriality. I will have more to say about the case in the coming days, but I wanted to share a few initial reactions here.
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Earlier this month, a number of federal employees were surprised by a letter they received in the mail: a letter from their professional liability insurance provider informing them that it, Wright USA, had been acquired by a Chinese company.
Newsweek’s Jeff Stein has an informative article on this development, available here. A quick preview, according to Stein’s reporting:
Our guest for episode 119 is Kevin Kelly, founding executive editor of Wired Magazine and author of The Inevitable: Understanding the 12 Technological Forces that will Shape our Future. Kevin and I share many views – from skepticism about the recording industry’s effort to control their digital files to a similar skepticism about EFF’s effort
Last week, Google announced it was appealing the French data authority’s decision to fine Google for refusing to delete links globally. With the right to be forgotten (RTBF) debate thus back in the news, this post takes the opportunity to map the lay of the land to date.
The Extraterritoriality Dispute
The Court’s opinion in Spokeo v. Robins is here. I wrote about Spokeo when it was argued last November. My concern was that a ruling in Spokeo’s favor might limit Congress’s ability to provide private remedies for online harms that are intangible but nonetheless deeply injurious:
As Paul has noted, the ODNI has
Does the FISA court perform a recognizably judicial function when it reviews 702 minimization procedures for compliance with the Fourth amendment? Our guest for episode 115 is Orin Kerr, GWU professor and all-round computer crime guru.
Author’s note: Despite appearing under my byline, this post actually represents the work of a larger group. The Keys Under Doormats group includes Harold Abelson, Ross Anderson, Steven M. Bellovin, Josh Benaloh, Matt Blaze,Whitfield Diffie, John Gilmore, Matthew Green, Susan Landau, Peter G. Neumann, Ronald L. Rivest, Jeffrey I. Schiller, Bruce Schneier, Michael A.
Prosecutors colloquially call it “sextortion.”
Legally speaking, there’s no such thing. The word is a kind a prosecutorial slang for a class of cases that do not correspond neatly with any known criminal offense.
The Lawfare Podcast: Intel Security's Chris Young on Cybersecurity and a Debate on Using Data to Protect Data
Earlier this month, Lawfare held a lunch event in partnership with Intel Security, the Hoover Institution, and the Center for Democracy and Technology on whether Big Data analytics are merely a privacy threat or whether data can also be used to protect data. The event consisted of a speech by Chris Young, general manager of Intel Security, on the current cybersecurity landscape and the way Intel Security seeks to use data to protect privacy. We then held a panel discussion debating whether and how data can be used to protect data and what the implications of that approach are.