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Category Archives: Privacy

New Report Aims to Help Criminal Defense Attorneys Challenge Secretive Government Hacking

“Lawyers at EFF, the ACLU, and the National Association of Criminal Defense Lawyers released a report today outlining strategies for challenging law enforcement hacking, a technique of secretly and remotely spying on computer users to gather evidence. Federal agents are increasingly using this surveillance technique, and the report will help those targeted by government malware—and importantly their… Continue Reading

Wharton – The Vote to Deregulate Online Privacy

“Controversy continues to ramp up in Donald Trump’s presidency, with the latest debate spurred by a congressional vote that reverses landmark online privacy protections put in place during the last days of the Obama administration. While some experts say the problems with online privacy don’t loom as large as health care or immigration, the conflict… Continue Reading

MIT – FBI’s Facial Recognition Program Is Sprawling and Inaccurate

Around half of all adult Americans are on the agency’s image database, and its software is incorrect 15 percent of the time, Jamie Condliffe, March 27, 2017. “Last year, we learned about the remarkable scale of the FBI’s facial-recognition technology, with its access to nearly 412 million photos—many originating from sources unrelated to crime, such… Continue Reading

Paper – Cybersecurity, Identify Theft, and Standing Law

Chou, James C., Cybersecurity, Identify Theft, and Standing Law: A Framework for Data Breaches Using Substantial Risk in a Post-Clapper World (December 15, 2016). National Security Law Brief, Vol. 7, No. 1, 2016. Available at SSRN: https://ssrn.com/abstract=2938692 “Since Clapper v. Amnesty International USA, many courts have shut the door on victims alleging a heightened risk… Continue Reading

Congress Moves to Strike Internet Privacy Rules From Obama Era

The New York Times – “Landmark internet privacy protections for consumers in the first decisive strike against telecommunications and technology regulations created during the Obama administration, and a harbinger of further deregulation. The measure [S.J.Res.34 sponsored by Senator Flake] passed in a 50-to-48 vote largely along party lines. The House is expected to mirror the… Continue Reading

Innovations in Federal Statistics: Combining Data Sources While Protecting Privacy

“Federal government statistics provide critical information to the country and serve a key role in a democracy. For decades, sample surveys with instruments carefully designed for particular data needs have been one of the primary methods for collecting data for federal statistics. However, the costs of conducting such surveys have been increasing while response rates… Continue Reading

Memo in CREST shows Agency considered employing semantics to get around ban on destroying damaging material

Muckrock report and documents: “Declassified records recently unearthed in CREST show the CIA waffled on a promise to obey the law in destroying records of Agency’s illegal activities and wrongdoing In 1976, Congresswoman Bella Abzug wrote to CIA Director George H.W. Bush about the existing moratorium on the destruction of CIA files. As the Chairwoman… Continue Reading

ABA TechShow 2017 – 60 tips in 60 minutes

ABA TECHSHOW 2017: 60 tips in 60 minutes – Adam Camras, LegalTalkNetwork; Ivan Hemmans, O’Melveny & Myers LLP; Jack Newton, Clio; Deborah Savadra, Legal Office Guru; Rochelle Washington, DC Bar. Continue Reading

CRS – Dark Web

CRS report – Dark Web, Kristin Finklea, Specialist in Domestic Security. March 10, 2017. [via FAS] “The layers of the Internet go far beyond the surface content that many can easily access in their daily searches. The other content is that of the Deep Web, content that has not been indexed by traditional search engines… Continue Reading

Court: FBI’s Secret Rules for Spying on Journalists Can Remain Secret

FindLaw – “In 2015, the Freedom of the Press Foundation sued the Department of Justice under the Freedom of Information Act in an attempt to force the DOJ to publish its rules for conducting warrantless spying on journalists in the United States. The DOJ responded that it had supplied all of the documentation the Foundation… Continue Reading

Paper – Public Interest vs. Private Lives

Yanisky-Ravid, Shlomit and Lahav, Ben Zion, Public Interest vs. Private Lives – Affording Public Figures Privacy, in the Digital Era: The Three Principles Filtering Model (March 12, 2006). University of Pennsylvania Journal of Constitutional Law, Vol. 19, No. 5, 2017. Available at SSRN: https://ssrn.com/abstract=2931864 “On the basis of reasoning that there exists a broad “right… Continue Reading

Digital Privacy at the U.S. Border: Protecting the Data On Your Devices and In the Cloud

Digital Privacy at the U.S. Border: Protecting the Data On Your Devices and In the Cloud by Sophia Cope, Amul Kalia, Seth Schoen, and Adam Schwartz – ‘The U.S. government reported a five-fold increase in the number of electronic media searches at the border in a single year, from 4,764 in 2015 to 23,877 in… Continue Reading