The Center for Internet and Society at Stanford Law School is a leader in the study of the law and policy around the Internet and other emerging technologies.
Last week’s big cybersecurity news was that the FBI obtained a court order to force Apple to develop new software that would bypass several iPhone security features so the FBI can attempt to unlock the work phone of one of the San Bernardino shooters. Apple plans to challenge that order. (Full disclosure: I am planning on writing a technologists’ amicus brief on Apple’s side in that challenge.) Read more about Who Sets the Rules of the Privacy and Security Game?
Since the Snowden revelations in 2013, surveillance has gone from a somewhat arcane term of art used mainly by scholars, spies, and tinfoil hat types, to a household word that now comes up in conversations on such far ranging topics as national security, law enforcement, Read more about Surveillance Is Still About Power
The path from Laquan McDonald’s summary execution by Chicago police officer Jason Van Dyke to the reluctant release — over a year later — by the Chicago Police Department of video of the killing shines yet another spotlight on the disproportionate use of force by police against young black men and women and the failure of authorities to identify and punish this behavior. Read more about Racial surveillance has a long history
On Friday, Congress will vote on a mutated version of security threat sharing legislation that had previously passed through the House and Senate. These earlier versions would have permitted private companies to share with the federal government categories of data related to computer security threat signatures. Companies that did so would also receive legal immunity from liability under the Electronic Communications Privacy Act (ECPA) and other privacy laws. Read more about OmniCISA Pits DHS Against the FCC and FTC on User Privacy
The Transatlantic Digital Dialogue is a multi-stakeholder working group of experts from Germany and the United States. It was assembled and stewarded by the Stiftung Neue Verantwortung and the German Marshall Fund of the United States to develop a constructive agenda for the modernization of privacy/security policy that begins to address the global debate over digital surveillance. Read more about Transatlantic Digital Dialogue: Rebuilding Trust through Cooperative Reform - See more at: http://www.gmfus.org/publications/transatlantic-digital-dialogue-rebuilding-trust-through-cooperative-reform#sthash.HaTczHTI.dpuf
The Fourth Amendment to the US Constitution seems straightforward on its face: At its core, it tells us that our “persons, houses, papers, and effects” are to be protected against “unreasonable searches and seizures.” Before any government agent can perform a search or seizure, they must first obtain a warrant, based on “probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Read more about The Difficulty With Metaphors and the Fourth Amendment
Once upon a time, a journalist never gave up a confidential source. When someone comes forward, anonymously, to inform the public, it's better to risk time incarcerated than give them up. This ethical responsibility was also a practical and professional necessity. If you promise anonymity, you're obliged to deliver. If you can't keep your word, who will trust you in the future? Sources go elsewhere and stories pass you by.
Most people believe that privacy and free speech are always at odds. People all over the world have struggled with how to reconcile the problems of media gossip with our commitment to free and open public debate for over a century. The rise of the Internet has made this problem more urgent. We live in an age of corporate and government surveillance of our lives. And our free speech culture has created an anything-goes environment on the web, where offensive and hurtful speech about others is rife. Read more about Intellectual Privacy: Rethinking Civil Liberties in the Digital Age