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In a recent February 25 hearing of the House Select Committee on Intelligence, FBI Director Comey said two things.
At 36:45 in the CSPAN video, he says that
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This piece originally appeared on the Washington Post's Volokh Conspiracy but its themes are so pertinent to Lawfare readers that I've submitted it to Lawfare as well.
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A couple of weeks ago, I thought it worth calling to reader's attention the threat assessment done by the Norwegian Police Security Service (more or less Norway's MI-5). Today, we have news from the Nor...
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This week, the battle between the FBI and Apple in a California court spilled into the broader public debate on encryption and lawful access.
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Do you need to get up to speed on the latest developments in the Apple vs FBI iPhone dispute, but either lack the time to read the brief Apple filed yesterday or the context to decode it? I’m here to he...
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Director James Comey claims that the FBI is simply carrying out a diligent investigation in San Bernardino. Put bluntly, I doubt this for two reasons. First, the FBI and public already has enough knowled...
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Apple has asserted that a one-time use of any software that would enable the FBI to bypass security features in the iPhone is impossible—that it would inevitably be used multiple times. In a previous po...
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In three recent developments, Apple appears to want
(1) to develop a security improvement that would require a PIN code to update firmware
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The House Judiciary Committee heard testimony today on "International Conflicts of Law Concerning Cross Border Data Flow and Law Enforcement Requests." The two-panel hearing included remarks from Princip...
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You know you want one.
Motion to Vacate Brief and Supporting Declarations
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Let’s not pretend that that the outcome the Justice Department seeks in the Apple case is limited to only a single case and just this particular phone.
This unquestionably involves a special case. Becau...
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It is a strange time for national security.