Privacy Paradox

Latest in Privacy Paradox

fisa court

Office of the Director of National Intelligence Releases Section 702 Documents and Opinions

The Office of the Director of National Intelligence released partially redacted documents related to the Foreign Intelligence Surveillance Court’s (FISC) authorization of the 2018 certifications under Section 702 of the Foreign Intelligence Surveillance Act (FISA). The FISC initially approved most parts of the certification, but ruled that other aspects of the FBI protocols concerning information regarding U.S. persons were inadequate.

Encryption

Perspectives on Encryption and Surveillance

In August 2018, the leading international academic conference on cryptography hosted a Workshop on Encryption and Surveillance. The workshop explored both legal and technical aspects of the ongoing debate over the impact of strong encryption and law enforcement surveillance capabilities. The workshop was co-chaired by Tim Edgar (Brown University), Joan Feigenbaum (Yale University), and me. As we described it at the time:

Privacy and Civil Liberties Oversight Board

A Proposed Agenda for a New PCLOB

President Trump recently nominated Travis LeBlanc and Aditya Bamzai as members of the Privacy and Civil Liberties Oversight Board (PCLOB), placing a full set of five nominees before the Senate and creating the possibility that the inquorate body could soon be revived. (A quorum requires three members; since early 2017, the body’s only member has been Elisabeth Collins.) This would be a welcome change.

Privacy: Technology

GDPR Derogations, ePrivacy, and the Evolving European Privacy Landscape

On May 25, the European General Data Protection Regulation becomes law in all EU member states, repealing and replacing the EU Data Protection Directive. The GDPR aims to harmonize data-protection standards for digital personal data across Europe. However, while companies and regulators are scrambling to comply with the regulations by this date, this week is hardly the finish line.

Privacy and Civil Liberties Oversight Board

The White House PCLOB Nominations: A Pleasant Surprise

There is that classic joke about the difference between an optimist and a pessimist—an experiment in which two children are put in a room to play. The pessimist enters a room full of toys and sits there wailing disconsolately, saying, “Something is going to break.” The optimist enters a room piled high with horse manure and begins rummaging through it enthusiastically, because, “With all this shit, I know there’s got to be a pony somewhere!”

Subscribe to Lawfare

EmailRSSKindle