Office of the Director of National Intelligence General Counsel Robert Litt has published a new essay in The Yale Law Journal that will likely be of interest to Lawfare readers. Entitled "The Fourth Amendment in the Information Age", it begins:
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Today at 10 am, the House Energy and Commerce Committee will hold a hearing entitled "Deciphering the Debate Over Encryption: Industry and Law Enforcement Perspectives."
The two-panel hearing will include testimony from:
The Lawfare Podcast: Daniel Weitzner and Benjamin Wittes on Going Dark and the Fallout from Apple v. FBI
Apple and the FBI may have settled the litigation over the San Bernadino iPhone, but that doesn’t mean the fight is over. With Congress on the verge of considering new legislation to compel technology companies to decrypt data, the Going Dark debate is alive and well.
Last week, the Hill obtained a draft copy of Senators Dianne Feinstein (D-CA) and Richard Burr's (R-NC) much discussed encryption legislation . Today, the senators made it official, releasing the Compliance with Court Orders Act of 2016.
The two senators released the following statement:
On February 29, 2016, Homeland Security Committee Chairman Michael McCaul and Senator Mark Warner, a bipartisan team, introduced legislation to create a National Commission on Security and Technology Challenges; a “Digital Commission.” In support of their effort, McCaul and Warner secured over 30 co-sponsors, as well as support from several former senior national security officials, law enforcement representatives, industry associations, and technology and security companies.
Bloomberg Business is reporting that now that the FBI may have a way into the San Bernadino shooter’s iPhone, Apple wants it to disclose what it’s doing. “Apple lawyers on Monday said that if the case proceeds, the company would want the government to share the nature of the vulnerability it found in the iPhone,” the story reads.
Yesterday, the Department of Justice filed a motion to vacate a hearing previously scheduled for today on whether Apple can be compelled to unlock the iPhone of Syed Farook, one of the shooters in the San Bernardino attacks.
I recently appeared on the Brown University Cybersecurity News Podcast to discuss bridging the lawyer and technology divide in the debate between Apple and the FBI. Interested Lawfare readers can listen to the full audio.
U.S. and European Union data-regulators today reached a new legal framework that will govern the transfer of data across the Atlantic. The new agreement—called the E.U.-U.S. Privacy Shield—will replace the Safe Harbor agreement that was struck down by the European high court in October. That ruling, largely informed by news reports regarding U.S. surveillance practices, claimed that the United States did not adequately protect the privacy of Europeans. Even so, European and American negotiators appeared positive today that the new agreement will withstand court scrutiny.
Today is Data Privacy Day, an annual event in which I am — rather proudly — personally invested. Data Privacy Day began with a conversation at my dinner table eight years ago, when Leonardo Cervera Navas (then with the European Commission and now with the European Data Protection Supervisor’s office) and Jolynn Dellinger (then with Intel and now with Minding Privacy) joined my family for dinner.