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Foreigners and the Review Group Report: Part 2

Yesterday, I wrote that the report from the President’s Review Group on Intelligence and Communications Technologies--"Liberty And Security In A Changing World”—suggests reforms that would improve U.S. surveillance law’s protection of the rights of foreigners.  My non US-person friends seem underwhelmed, so I thought I’d take a moment to elaborate on the changes I’m talking about.  Read More.
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President's Review Board Says Protect Thy Neighbor’s Privacy

Today’s report from the President’s Review Group on Intelligence and Communications Technologies–”Liberty And Security In A Changing World”—is impressive in a number of ways.  Importantly, it pushes consideration of the privacy and civil liberties rights of non-U.S. persons into the policy debate. Old-school national security wonks commonly express distain for the idea that the U.S. Read more » about President's Review Board Says Protect Thy Neighbor’s Privacy

Intelligence Revew Group Report Released

The much-anticipated Review Group on Intelligence and Communications Technologies report (PDF) "Liberty and Security in a Changing World" was released this afternoon, containing 40-plus recommendations regarding technology surveillance, privacy, and intelligence security following the Snowden NSA disclosures earlier this year.  The Review Group consists of 5 members (Richard A. Clarke, Michael J. Morell, Geoffrey R. Stone, Cass R. Read more » about Intelligence Revew Group Report Released

SAE Levels of Driving Automation

SAE International's On-Road Automated Vehicle Standards Committee, on which I serve along with experts from industry and government, will soon release an information report defining key concepts related to the increasing automation of on-road vehicles. Central to this 12-page report are six levels of driving automation: 0 (no automation), 1 (driver assistance), 2 (partial automation), 3 (conditional automation), 4 (high automation), and 5 (full automation). Read more » about SAE Levels of Driving Automation

German Supreme Court Finds eBay Liable for Actively Promoted Third Party Copyright Infringements

According to a recently published decision of the German Federal Supreme Court (judgment of 16 May 2013, I ZR 216/11) eBay shall be liable for copyright infringements of third parties if it actively promotes the infringing offers by its own marketing campaign. In such cases the general liability privilege for information service providers, which arise from Section 7 and 10 German Telemedia Act, does not apply and eBay must observe increased due diligence requirements. Read more » about German Supreme Court Finds eBay Liable for Actively Promoted Third Party Copyright Infringements

Italian Communication Authority Approves Administrative Enforcement of Online Copyright Infringement

In spite of an inflamed debate and strong opposition, as we have reported here and here, the Board of the Italian Communication Authority (AGCOM) approved its regulatory scheme for online copyright enforcement. The outgoing chairman of AGCOM hastily approved the scheme a few days before the new chairman was installed. The new regulation will allow AGCOM to administratively police copyright infringement online and will enter into force on March 31, 2014. Read more » about Italian Communication Authority Approves Administrative Enforcement of Online Copyright Infringement

A Common Law Coup d'Etat: How NSA's Creative Interpretations Of Law Subvert Congress And The Rule of Law

Today, the federal District Court for the District of Columbia held that the NSA's bulk telephone metadata collection program under the USA PATRIOT Act violates the 4th Amendment. This is a tremendously important ruling--the first time a public court has had the chance to rule on programs revealed by former NSA contractor Edward Snowden. Given the program's constitutional infirmities, it is more important than ever that Congress end this misuse of the USA PATRIOT Act. However, Deputy Attorney General James Cole testified earlier this week before the Senate Judiciary Committee that the NSA might continue its bulk collection of nearly all domestic phone call records, even if Congress does just that. The USA FREEDOM ACT has bipartisan sponsorship from dozens of lawmakers, all of whom agree that the core purpose of the bill is to end NSA dragnet collection of Americans’ communication data. Yet, Cole said that the reform legislation wouldn’t necessarily inhibit the NSA’s surveillance capabilities because “it’s going to depend on how the court interprets any number of the provisions that are in [the legislation].” Comments like this betray a serious problem inside the Executive Branch. The Administration and the intelligence community believe they can do whatever they want, regardless of the laws Congress passes, so long they can convince one of the judges appointed to the secretive Foreign Intelligence Surveillance Court (FISC) to agree. This isn’t the rule of law. This is a coup d’etat. Read more. Read more » about A Common Law Coup d'Etat: How NSA's Creative Interpretations Of Law Subvert Congress And The Rule of Law

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