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Federal Privacy Rules Must Get “Data Broker” Definitions Right
Some U.S. laws and documents provide a foundation. But is a distinction between “data brokers” and the practice of “data brokerage” the right approach? -
A Broader Look at Privacy Remedies
In a paper we are making public today, we go beyond private right of action and preemption to consider enforcement frameworks outside the privacy field. -
Protect Privacy. That’s an Order.
In the U.S. legal framework, there is ample precedent for using an executive order or presidential directive to limit intelligence activities and establish safeguards to protect privacy and civil liberti... -
Canada’s Defense Strategy Falls Behind in the Quantum Age
Spurred on by recent quantum computing milestones, a global “quantum race” is underway—but Canada is still without a strategy. -
EU Privacy Law and U.S. Surveillance: Solving the Problem of Transatlantic Data Transfers
Most current approaches to resolving the EU-U.S. conflict fall short. It’s time for a hybrid approach. -
How Europe’s Intelligence Services Aim to Avoid the EU’s Highest Court—and What It Means for the United States
The United States now finds itself forced to consider changes to its foreign surveillance law and practices in order to reestablish a stable basis for transatlantic transfers of personal data. -
The Lawfare Podcast: Mary Anne Franks on Section 230
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Section 230 and the Anti-Social Contract
The power that tech platforms have over individuals can be legitimized only by rejecting the fraudulent contract of Section 230 and instituting principles of consent, reciprocity, and collective responsi... -
The Lawfare Podcast: Jeff Kosseff on the Fight Against Online Child Pornography
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Online Service Providers and the Fight Against Child Exploitation: The Fourth Amendment Agency Dilemma
The Fourth Amendment government agency problem requires platforms to walk a fine—and sometimes untenable—line in searching for private user content that contains child sex abuse material and other illega... -
The Lawfare Podcast: Jane Bambauer and Brian Ray on the Lost Promise of Digital Contact Tracing
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COVID-19 Apps Are Terrible—They Didn't Have to Be
COVID-19 apps in the United States have been ineffective as public health tools because they are designed primarily to protect privacy. Poor design choices, effectively mandated by Google and Apple, were...