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My Comments On NSA Spying to PCLOB

Today I filed comments with the Privacy and Civil Liberties Oversight Board (PCLOB) in connection with its hearing on section 702 of the FISA Amendments Act. That law 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. I've written previously about questions the PCLOB should investigate with regards to section 702. Read more » about My Comments On NSA Spying to PCLOB

In Standoff with FTC, Wyndham Shoots Itself in the Foot

The Federal Trade Commission’s (FTC) resounding victory over Wyndham Worldwide Corporation in a U.S. District Court paves the way for increasing privacy and data security action by the agency, which over the past decade has asserted itself as the most forceful and well-respected privacy enforcement authority in the world. Read more » about In Standoff with FTC, Wyndham Shoots Itself in the Foot

March 2014 in Retrospect: Intermediary Liability News and More from the Internet and Jurisdiction Project

Retrospect is the monthly newsletter of the Internet & Jurisdiction Project - a global multi-stakeholder dialogue process that explores the tension between the cross-border nature of the Internet and national jurisdictions. Every month, the members of the Internet & Jurisdiction Observatory expert network identify the 20 most relevant cases through a progressive filtering process to inform the participants of the Internet & Jurisdiction Project on emerging trends around the world. Read more » about March 2014 in Retrospect: Intermediary Liability News and More from the Internet and Jurisdiction Project

Turkish Constitutional Court Says that Twitter’s Ban Violates Freedom of Expression

We have recently reported on the ban of Twitter and Youtube by the Turkish Presidency of Telecommunications and Communication (TIB). The Turkish Constitutional Court has unanimously decided today that TIB's blocking of Twitter is unlawful and should be lifted as it violates freedom of expression and individual rights. Read more » about Turkish Constitutional Court Says that Twitter’s Ban Violates Freedom of Expression

New Turkish Internet Legislation at Work: Twitter and YouTube Down

The Turkish Presidency of Telecommunications and Communication (TIB) has put Turkish Internet legislation enacted a few weeks ago to immediate use. As we discussed in a previous blog post, TIB now enjoys enhanced powers to issue blocking orders, even without judicial review. Under this new legal framework, TIB has ordered both Twitter and YouTube blocked, despite national and international criticism. Read more » about New Turkish Internet Legislation at Work: Twitter and YouTube Down

Flynn, Kaminski and Levine Comment to the United States Trade Representative on academics and the trade advisory system

Yesterday, Sean Flynn (American Law), Margot Kaminski (Yale Law) and I submitted this comment to the US Trade Representative (USTR) making the argument that academics should have the ability to be formal USTR advisors. Read more » about Flynn, Kaminski and Levine Comment to the United States Trade Representative on academics and the trade advisory system

Huawei Hacking is a Security Scandal

Last week, the New York Times reported that the U.S. is spying on router company Huawei to get information about the Chinese government and to learn how to surveil our allies and other countries that might purchase Huawei routers.  On Just Security, I refute the argument of some that it is not “in the public interest to reveal how democracies spy on dictatorships”. Read more » about Huawei Hacking is a Security Scandal

Putting the Public’s Interest Back Into the “Public Interest”

What’s your definition of the “public interest” when it comes to law and lawmaking?  Is it a unitary concept, where we consider the good of society as a whole?  If so, you might think that the public’s interest is in a “public interest” which encompasses “cross-cutting issues” that transcend narrow considerations and allows debate about and among competing interests.  On the other hand, do you view the “public interest” more narrowly?  If so, you might view the public’s interest as served by placing “public interest” in a box separate from other interests, like environmental, labor or intel Read more » about Putting the Public’s Interest Back Into the “Public Interest”

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