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 dramatic Second Circuit decision in ACLU v. Clapper, invalidated the alleged legal basis for the NSA domestic phone call dragnet, Section 215 of the USA Patriot Act, just weeks before that provision is about to expire.
On Tuesday, members in the House and Senate introduced new versions of the USA Freedom Act that would prohibit bulk collection of records under Section 215 of the Patriot Act, the FISA pen register authority, and national security letter statutes. The legislation, if passed, would result in significant changes to the National Security Agency’s bulk phone records program, raising questions about the impact such prohibitions could have on the Intelligence Community (IC). This makes it a good time to revisit analyses of the utility of bulk collection programs. Read more » about The Intelligence Time Machine
Recently a member of Congress got into some pretty serious hot water over allegations he accepted numerous unethical, and perhaps illegal, favors including flights on airplanes. The Associated Press, which broke the story, documented these flights in several different ways, but perhaps the most interesting was by examining the location data embedded in pictures that the lawmaker posted on his Instagram account. This “metadata” (data about data) exposed the locations of the politician, who was an inveterate social media documenter of his travels, when the pictures were taken. The story is Read more » about Not ‘digital exhaust;’ rather ‘digital fossils’
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.
Patrick Lin made interesting observations on the ethical notion of human dignity in the context of LAWS. Even if LAWS could act in accordance with IHL, taking of human life by machines violates a right to dignity that may even be more fundamental to the right to life.
Download the attached PDF to read Patrick Lin's full testimony. Read more » about The right to life and the Martens Clause
The Department of Defense has just issued a new cyber strategy, which perhaps provides the best public presentation of how the United States thinks about cybersecurity. As always with these documents, what is left out is as important as what is put in. So how has U.S. strategic thinking about cybersecurity changed in the post-Snowden era?
The United States isn’t worried about a ‘cyber Pearl Harbor’ any more Read more » about What’s new in the U.S. cyber strategy