Latest in Privacy Paradox

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!”

Privacy Paradox

Final Pre-Argument Thoughts on the Microsoft Case

I have blogged a lot over the last two years on the pending case of United States v. Microsoft, the case on whether Microsoft must comply with a search warrant for foreign-stored e-mails. With oral argument scheduled for next Tuesday, I thought I would add a few final thoughts before we finally get a sense of where the Justices might be.

Privacy Paradox

Amicus Brief: Microsoft Warrant Case

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:

Privacy Paradox

Parallel Universes: 'Beyond Snowden' and the Two Sides of the Surveillance Debate

When Tim Edgar told his ACLU colleagues in early 2006 that he’d be leaving the organization to join the Office of the Director of National Intelligence, our reactions ranged from mute astonishment to outright dismay. It’s not at all uncommon for ACLU lawyers to go work in government. But to join the intelligence community during the Bush administration – the same gang that had brought us warrantless wiretapping, extraordinary rendition, and abusive watchlists – was really climbing into the belly of the beast.

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