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Microsoft-Ireland Oral Argument Preview: Will the Supreme Court Stave Off Data Localization?
On Tuesday, the Supreme Court will hear oral argument in United States v. Microsoft Corp., a case that will carry broad consequences for our digital lives. The issue to be resolved is whether a warrant o... -
Understanding Data Breaches as National Security Threats
For decades the theft of private individuals’ data has been treated as an annoyance. Activist state attorneys general and the Federal Trade Commission have pursued cases, but U.S. laws fail to treat thef... -
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 argum... -
The East West Institute's New Report on Encryption: A Review
On Feb. -
The Microsoft-Ireland Case: A Supreme Court Preface to the Congressional Debate
In our interconnected world, the electronic data that we create may be stored far away from us, without regard for national boundaries. If our data become relevant to legitimate law enforcement investiga... -
Deepfakes: A Looming Crisis for National Security, Democracy and Privacy?
“We are truly fucked.” That was Motherboard’s spot-on reaction to deepfake sex videos (realistic-looking videos that swap a person’s face into sex scenes actually involving other people). And that sleazy... -
A Way Forward on Section 702 Queries
The legislative debate over Section 702 of the Foreign Intelligence Surveillance Act has ended with passage of a six-year reauthorization that omitted many of the provisions privacy advocates had argued ... -
Mueller’s Indictment of Russian Hackers Highlights the Stakes of the Microsoft Case
Robert Mueller’s indictment of Russians suspected of interfering in the 2016 presidential elections is remarkable for a number of reasons. It is remarkable because it suggests that Mueller’s team was ab... -
NAS Report: A New Light in the Debate over Government Access to Encrypted Content
The encryption debate dates back to Clinton administration proposals for the “clipper chip” and mandatory deposit of decryption keys. But that debate reached new prominence in connection with the FBI’s e... -
Small Towns, Big Companies: How Surveillance Intermediaries Affect Small and Midsize Law Enforcement Agencies
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Friends of the Court: A Suggestion for the FISA Court on the Nunes Memo
You wouldn’t know it from the endless public discussion of the Nunes Memo and the Democratic response to it, but the House of Representatives does not get to decide whether a FISA application is valid. C... -
Interview: The British Perspective on the Cross-Border Data Problem
The issue of law enforcement access to data held abroad is in the news again with the Supreme Court set to hear oral argument in United States v. Microsoft on Feb. 27, and Congress considering the recent...