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Eight Questions On Mass Surveillance For The PCLOB

Tomorrow, all five members of the Privacy and Civil Liberties Oversight Board (PCLOB) will testify before the Senate Judiciary Committee about their recent report concluding that the National Security Agency’s (NSA) bulk collection of phone records under section 215 is illegal and ill-advised. Meanwhile, the PCLOB is gearing up to report in a few months its conclusions regarding mass surveillance of the content of Internet transactions under section 702 of the FISA Amendments Act Read more » about Eight Questions On Mass Surveillance For The PCLOB

Reforming 702: Does NSA Minimize Cloud Files?

Yesterday, I wrote generally about the problems with section 702 of the FISA Amendments Act (FAA). Today I focus on categories of information—including content—that NSA collects under section 702 but maybe never minimizes—meaning one of the few safeguards for U.S. person privacy is non-existent. In short, since the thirteen-page 702 minimization procedures only apply to communications, and since today's NSA probably excludes unshared cloud-stored data from the definition of communications, it's possible no minimization rules apply to protect American privacy. Read more » about Reforming 702: Does NSA Minimize Cloud Files?

Brazilian Supreme Court Found Google Liable for Videos Parodying Dafra’s Commercials

Content platforms are under fire in Brazil. The Brazilian Superior Tribunal of Justice (“STJ”) recently found Google liable for copyright infringement for YouTube-hosted videos parodying a well-known commercial. The case raises concerns that copyright enforcement is interfering with freedom of expression and right of critique. Read more » about Brazilian Supreme Court Found Google Liable for Videos Parodying Dafra’s Commercials

Time to Reform the FISA Amendments Act Section 702

I've written a lot about the problems with the FISA Amendments Act and section 702, which is the legal basis for the PRISM surveillance program and involves warrantless collection of communications contents via targeting non-U.S. individuals or entities reasonably believed to be located abroad.

Important FAA Amendments Need Public Support Read more » about Time to Reform the FISA Amendments Act Section 702

Don’t Close Your Eyes to Surveillance Dangers: A Response to Richard Epstein

Yesterday, Professor Richard Epstein wrote a post for Just Security recommending unmodified continuation of the NSA’s bulk phone records collection. Today, I responded to his post, and explained why I think Richard's position is a surprising divergence from what I understand his values to be. Read more » about Don’t Close Your Eyes to Surveillance Dangers: A Response to Richard Epstein

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