A review of Lawfare's 2017 coverage of privacy law.
Latest in Privacy Paradox
The Microsoft warrant case in the Supreme Court involves a demand by the U.S. government that Microsoft repatriate content data stored in a data center in Ireland and provide it to DOJ. The case raises a number of deeply interesting and complex issues about law enforcement cooperation; extraterritoriality of Ameican law; commercial matters; data privacy concerns; and implications for reciprocal sovereignity in a digitized world. Along with many far more notable former officials, I joined an amicus brief filed the other day in support of neither party. Here's a copy:
The Carpenter case asks whether and how we should update Fourth Amendment doctrine to accomodate technological change. This post defends the proposition that the mosaic theory (the idea that the "whole of data is greater than the sum of its parts") is technologically accurate and a good construct for thinking about these changes. Thought of properly, Carpenter still loses -- but in a different way that is more protective of individual privacy.
The European Commission, in its first review of the EU-U.S. Privacy Shield framework, has determined that the U.S. is in compliance. This post summarizes the EC’s findings and recommendations.
"Beyond Snowden" provides a valuable insight into both sides of the surveillance debate.
"Beyond Snowden" makes a call for more transparency that many in the intelligence community support.
"Beyond Snowden" makes an important contribution to surveillance literature but falls short in its depth of analysis of Section 702 of the FISA Amendments Act.
"Beyond Snowden" prompts serious consideration of the badly broken oversight system for U.S. surveillance programs
"Beyond Snowden" blends a personal narrative of government service with proposed reforms to intelligence law and policy to make an entertaining and readable volume.