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It isn't every day you have an exchange with a journalist who just comes out and admits—twice, actually—that a story in his publication contains made up facts.
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We expected our piece on liability standards with respect to encryption would provoke strong reactions. We did not expect ad hominim attacks, outright lies, or a near-total failure to engage our legal an...
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In the first part of this series, we looked at the question of whether Apple could be held liable in a negligence tort for refusing to retain the ability to provide law enforcement with decrypted communi...
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According to the Office of the Director of National Intelligence, the National Security Agency will no longer access the historical metadata collected under Section 215 after the 180-day transition perio...
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Today, the White House released a response to a petition to pardon Edward Snowden. The original petition, filed on June 9th, 2013, has received 167,954 signatures and reads:
Edward Snowden is a nationa...
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What the Aspen Security Summit brought this year were strong words by former Secretary of Homeland Security Michael Chertoff and former Director of the National Counterintelligence Center Michael Leiter ...
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Last week, one of us noted Senator Sheldon Whitehouse’s question to Deputy Attorney General Sally Yates asking whether the manufacturers of encrypted devices might be liable civilly if FBI Director James...
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Over at Just Security, Marshall Erwin has an excellent article entitled, "The FBI’s Problem Isn’t 'Going Dark.' Its Problem is Going Slowly." I'm not sure how much of Erwin's argument I agree with—defini...
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Now that some of the dust has settled in the wake of the revelations about NSA and GCHQ surveillance of foreign leaders, it is a good time for the United States to engage in a bit of surveillance diploma...
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In his thoughtful piece on arguments regarding the broad use of encryption to secure communications and devices, not surprisingly Ben puts forth some ideas with which I disagree. Hence, to his part II, I...
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Over at the Atlantic, Conor Friedersdorf responds to my piece on encryption, defending on principled grounds the use of strong end-to-end encryption. In my view, he gets the entire matter wrong: wrong on...
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For those interested in seeing how the privacy/encryption debate looks from the hacker/security research side, consider this report: Privacy talk at DEF CON canceled under questionable circumstances: