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This morning, the Court of Appeals for the Second Circuit in ACLU v. Clapper declined to issue a preliminary injunction halting NSA's bulk collection under Section 215 of the PATRIOT Act as authorized b...
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Many of us on this side of the Atlantic have believed for a long time that citizens’ data is protected as well or better from government access in the United States than it is in Europe, notwithstanding...
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As I explained in my last post, American constitutional law requires that plaintiffs show they have been the subject of surveillance in order to establish standing to challenge intelligence programs in c...
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Attorneys from Apple and the Department of Justice spoke yesterday before Judge James Orenstein of the District Court for the Eastern District of New York at a hearing on a high-profile case regarding en...
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At the request of Judge James Orenstein of the U.S. District Court for the Eastern District of New York, over the course of last week, Apple filed two briefs and the government filed one regarding the fe...
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On October 8, Governor Jerry Brown of California approved Senate Bill (S.B.) 178, or the California Electronic Communications Privacy Act, designed to designed to strengthen electronic privacy against la...
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“I could tell you, but then I’d have to kill you” best explains why it is difficult to provide meaningful redress for targets of intelligence surveillance. How can anyone challenge surveillance programs ...
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Yesterday, DataGuidance and Sidley Austin LLP hosted a live Q&A wilth Giovanni Buttarelli, the European Data Protection Supervisor (EDPS), to discuss the state of play following the European Court of Jus...
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For years, European officials have been asking for the United States to make available to citizens of the European Union some form of redress for privacy harms. To address this concern, one idea has been...
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According to NBC News (October 16, 2015), the U.S. Department of Transportation is about to announce a plan to require every purchaser of a drone to register it with the U.S. government. The plan is app...
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The authors of the weak Diffie-Hellman work are almost certainly correct that the technique they describe is used by the NSA, in bulk, to perform a massive amount of decryption on Internet traffic. This...
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Much ink has been expended over the past few months over the Administration's floated idea of requiring encryption back doors in new technology implementions -- an idea that, for now, the Administration ...