Publications

Correcting the Record on Section 702: A Prerequisite for Meaningful Surveillance Reform, Part II

Author(s): 
Jennifer Granick
Publication Date: 
September 22, 2016
Publication Type: 
Other Writing

Last week, we argued that the public discussion surrounding two of the government’s most controversial mass surveillance programs – PRISM and Upstream – has not sufficiently acknowledged the broad scope of collection under these programs, which take place under section 702 of the Foreign Intelligence Surveillance Act (FISA). In short, hiding behind the counterterrorism justifications for section 702 is a broad surveillance program that sucks up massive amounts of irrelevant private data.

US Department of Transportation issues guidance for automated driving

Author(s): 
Bryant Walker Smith
Publication Date: 
September 21, 2016
Publication Type: 
Other Writing

With the recent announcement, the US Department of Transportation is enthusiastically embracing automated driving. It’s saying that self-driving vehicles are coming in some form (or many forms) and that the agency can play a role not only in supervising but also in assisting this transportation transformation. The DOT is recognizing the wide range of relevant technologies, applications, and business models and is striving to address them more quickly and flexibly through its wide range of prospective and retrospective regulatory tools.

Correcting the Record on Section 702: A Prerequisite for Meaningful Surveillance Reform

Author(s): 
Jennifer Granick
Publication Date: 
September 15, 2016
Publication Type: 
Other Writing

The legal authority behind the controversial PRISM and Upstream surveillance programs used by the NSA to collect large swaths of private communications from leading Internet companies –  Section 702 of the Foreign Intelligence Surveillance Act (FISA) –  is scheduled to expire on December 31, 2017. In recent months, Congress began to review these programs to assess whether to renew, reform, or retire section 702. Unfortunately, it appears the debate has already been skewed by misconceptions about the true scope of surveillance conducted under the contentious provision.

T-Mobile's Binge On Violates Key Net Neutrality Principles

Author(s): 
Barbara van Schewick
Publication Date: 
January 29, 2016
Publication Type: 
Other Writing

In November 2015, T-Mobile, the third largest provider of mobile Internet access in the U.S., launched a new service called Binge On that offers “unlimited” video streaming from selected providers. Customers on qualifying plans can stream video from forty-two providers in Binge On – Netflix, Amazon, Hulu, HBO, and others – without using their data plans, a practice known as zero-rating. As currently offered, Binge On violates key net neutrality principles and harms user choice, innovation, competition, and free speech online. As a result, the program is likely to violate the FCC’s general conduct rule.

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