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FISC OKs Section 215 Investigations of Americans, Despite First Amendment

The Foreign Intelligence Surveillance Court declassified an opinion today which, although highly redacted, illuminates the way at least one Judge is interpreting his mandate to protect the First Amendment activities of Americans who the FBI seeks to investigate under USA PATRIOT Act Section 215, codified at 50 USC 1861.
 

FISC OKs Section 215 Investigations of Americans, Despite First Amendment

The Foreign Intelligence Surveillance Court declassified an opinion today which, although highly redacted, illuminates the way at least one Judge is interpreting his mandate to protect the First Amendment activities of Americans who the FBI seeks to investigate under USA PATRIOT Act Section 215, codified at 50 USC 1861.
 

Professors’ Letter in Opposition to the “Defend Trade Secrets Act of 2014” (S. 2267) and the “Trade Secrets Protection Act of 2014” (H.R. 5233)

Sharon Sandeen at Hamline Law and I have authored the attached letter dated August 26, 2014 and signed by 31 United States legal academics to the Congressional sponsors of the "Defend Trade Secrets Act of 2014" ("DTSA") and the "Trade Secrets Protection Act of 2014" ("TSPA") (collectively, "the Acts.") Read more » about Professors’ Letter in Opposition to the “Defend Trade Secrets Act of 2014” (S. 2267) and the “Trade Secrets Protection Act of 2014” (H.R. 5233)

Does the NSA minimize Americans metadata?

Today’s reporting by the Intercept calls into question whether the NSA minimizes so-called metadata relating to Americans’ digital communications and telephone calls. This is one of the questions I implored the Privacy and Civil Liberties Oversight Board (PCLOB) to get to the bottom of. It is a question that PCLOB Chairman David Medine thought the Board had a definitive—affirmative--answer to. But today’s story shows doubt still plagues our understanding of how the NSA’s information collection affects American privacy.  Read more » about Does the NSA minimize Americans metadata?

Everyone Knows Privacy Is About Power. Now What?

In a recent op-ed, author Evgeny Morozov claims that we tend to think of privacy in terms of control over personal information rather than power or influence. “The privacy debate, incapacitated by misplaced pragmatism, defines privacy as individual control over information flows,” writes Morozov. Instead we should be thinking of how and why powerful institutions use data to nudge us toward their own economic and political ends. Read more » about Everyone Knows Privacy Is About Power. Now What?

USA v. Microsoft: what the decision does and doesn't mean

The decision in the Microsoft case has the potential to have significant effects on the way that foreign users' data is handled in the US. However, this is no time to become hysterical about what this does or does not mean for user rights. This quick note unpacks some of the assertions that are being made about the implications of the case. Read more » about USA v. Microsoft: what the decision does and doesn't mean

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