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Finally, Mark Zuckerberg has spoken. The short version of his response? “We have a responsibility to protect your data, and if we can't then we don't deserve to serve you.” But Zuckerberg is wrong. The C...
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Not so long ago, it was hard to find anyone who thought regulating Silicon Valley was even possible, let alone a good idea. Deference to the technology industry was such that companies were sometimes eve...
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In a post last week, Neema Singh Guliani of the ACLU and Naureen Shah of Amnesty International disagreed with our earlier arguments as to why the CLOUD Act is good for privacy and human rights.
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Is it a crime to provide communication services designed to be proof against government access?
This question does not normally arise in the Going Dark debate. The key question instead has been whether ...
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At a time when human rights activists, dissidents and journalists around the world face unprecedented attacks, we cannot afford to weaken our commitment to human rights. But the recently introduced CLOUD...
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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 ...
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A dozen privacy and human rights groups have opposed the bipartisan CLOUD Act regulating cross-border data access, claiming that it will erode basic liberties.
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The White House announced two nominations Tuesday for positions on the Privacy and Civil Liberties Oversight Board (PCLOB). Pending confirmation, Jane Nitze and Ed Felten would join Adam Klein, whom the ...
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After four years of negotiation, the European Parliament approved the General Data Protection Regulation (GDPR) on April 14, 2016. Enforcement is scheduled to begin May 25. This post provides a high-leve...
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This year is off to a quick start in shaping the future of cross-border data flows on the Internet. Earlier this month, Sen. Orrin Hatch introduced the “CLOUD Act,” which drew bipartisan backing in the C...
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The Supreme Court heard oral argument today in Microsoft’s ongoing dispute with the U.S. government over Irish-held data. The lead-up to the case is summarized here and my recap of oral argument is here.
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The Supreme Court heard oral argument Tuesday morning in United States v. Microsoft Corp.—a case that readers will by now be familiar with. (See a fantastic summary of Lawfare coverage here).