Publications

Exigent Circumstances: iOS 12’s USB Restricted Mode and Warrantless iPhone Access

Author(s): 
Riana Pfefferkorn
Publication Date: 
June 22, 2018
Publication Type: 
Other Writing

Apple recently confirmed the introduction of a new feature called “USB Restricted Mode” in the latest version of the iPhone’s mobile operating system, iOS 12. If enabled in the user’s settings, USB Restricted Mode will disable data transfer from the iPhone over the Lightning cable once the phone has been locked for an hour unless the phone’s password is entered.

How Facebook Programmed Our Relatives

Author(s): 
Brett Frischmann
Publication Date: 
June 21, 2018
Publication Type: 
Other Writing

Three years ago, on his birthday, a law professor watched his e-mail inbox fill with Facebook notifications indicating that friends had posted messages on his wall. The messages made him sad. The clogged inbox was annoying, but what really upset him was having disclosed his birth date to Facebook in the first place. It’s not necessary for social networking or to comply with privacy laws, as some people mistakenly believe. He hadn't paid much attention when he signed up—as with most electronic contracts, there was no room for negotiation or deliberation about terms.

Amazon Needs to Stop Providing Facial Recognition Tech for the Government

Author(s): 
Woodrow Hartzog
Publication Date: 
June 21, 2018
Publication Type: 
Other Writing

Imagine a technology that is potently, uniquely dangerous — something so inherently toxic that it deserves to be completely rejected, banned, and stigmatized. Something so pernicious that regulation cannot adequately protect citizens from its effects.

That technology is already here. It is facial recognition technology, and its dangers are so great that it must be rejected entirely.

Internet Platforms: Observations on Speech, Danger, and Money

Author(s): 
Daphne Keller
Publication Date: 
June 13, 2018
Publication Type: 
Academic Writing

Policymakers increasingly ask Internet platforms like Facebook to “take responsibility” for material posted by their users. Mark Zuckerberg and other tech leaders seem willing to do so. That is in part a good development. Platforms are uniquely positioned to reduce harmful content online. But deputizing them to police users’ speech in the modern public square can also have serious unintended consequences. This piece reviews existing laws and current pressures to expand intermediaries’ liability for user-generated content.

User Agreements Are Betraying You

Author(s): 
Woodrow Hartzog
Publication Date: 
June 5, 2018
Publication Type: 
Other Writing

The user agreement has become a potent symbol of our asymmetric relationship with technology firms. For most of us, it’s our first interaction with a given company. We sign up and are asked to read the dreaded user agreement — a process that we know signifies some complex and inconveniently detrimental implications of using the service, but one that we choose to ignore.

Cybersecurity for the States: Lessons from Across America

Author(s): 
Brian Nussbaum
Publication Date: 
May 31, 2018
Publication Type: 
White Paper / Report

Authors

Natasha Cohen
Cybersecurity Policy Fellow

Brian Nussbaum
Cybersecurity Policy Fellow
 

Executive Summary

This study examines states’ efforts to advance cybersecurity efforts, enumerating lessons learned from an in-depth focus on three case studies of states that have seen demonstrable successes.

The FBI blunder on phone encryption, explained

Author(s): 
Henry Farrell
Publication Date: 
May 30, 2018
Publication Type: 
Other Writing

The FBI has been arguing for years that the approach of Apple and other companies that strongly encrypt phones is a big problem for law enforcement, which cannot get access to information it needs to catch criminals. Some days ago, these claims led to a big controversy when it turned out the FBI had been accidentally exaggerating the number of phones it couldn’t open for years.

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