Publications

Most lawyers don’t understand cryptography. So why do they dominate tech policy debates?

Author(s): 
Henry Farrell
Publication Date: 
March 15, 2018
Publication Type: 
Other Writing

On Wednesday, the Trump administration appointed the renowned computer science professor Ed Felten to the Privacy and Civil Liberties Oversight Board (PCLOB). This is the first time that a nonlawyer has been appointed to the board, even though it has oversight responsibilities for a variety of complex technological issues.

New Bill That Would Give Foreign Governments a Fast Track to Access Data

Author(s): 
Jennifer Granick
Publication Date: 
March 13, 2018
Publication Type: 
Other Writing

For decades, U.S. policies on international data sharing have balanced privacy, principles of comity (respect for the jurisdiction of other countries), and respect for Congress’ power to regulate foreign affairs. Foreign countries seeking data held by U.S. companies generally must follow a process laid out in Mutual Legal Assistance Treaties, or MLATs, which are agreements between governments that facilitate cooperation in investigations. Increasingly, however, countries have complained that the MLAT process in the U.S. is slow and that it allows the U.S.

The EWI Encryption Report: Stop Trying to Sell Me a Shoebox

Author(s): 
Riana Pfefferkorn
Publication Date: 
March 7, 2018
Publication Type: 
Other Writing

Which would you prefer: keeping your valuables in a locked safe, or keeping them in a shoebox and trusting that everyone will adhere to laws against theft and their concomitant penalties? Most, if not all, of us will choose the former. That’s so even if we realize that safe-crackers may ultimately find a way someday to bust open even the most top-of-the-line safe currently on offer.

Donald Trump says trade wars are ‘good, and easy to win.’ He’s flat-out wrong

Author(s): 
Henry Farrell
Publication Date: 
March 2, 2018
Publication Type: 
Other Writing

In a tweet Friday, President Trump said that trade wars were “good, and easy to win.”

Trump’s argument is causing turmoil on stock markets. It is also based on a fundamental misunderstanding of how trade works. Here’s what you need to know.

Trade has benefits — even when you are running a trade deficit

Any new gun control would need to address norms, as well as laws

Author(s): 
Henry Farrell
Publication Date: 
February 23, 2018
Publication Type: 
Other Writing

After the mass shooting at Marjory Stoneman Douglas High School, the national argument about gun control seems to have taken a new turn. The National Rifle Association and its political allies seem to be on the defensive. Pro-gun politicians such as Florida Gov.

This simple technological fix helped veterans get health benefits

Author(s): 
Henry Farrell
Publication Date: 
February 22, 2018
Publication Type: 
Other Writing

The U.S. Digital Service has taken on the task of helping the federal government adapt to new technologies. I interviewed Matt Cutts, the head of the service, about what the organization does.

HF: So where did the U.S. Digital Service come from?

Deep Fakes: A Looming Crisis for National Security, Democracy and Privacy?

Author(s): 
Danielle Citron
Publication Date: 
February 21, 2018
Publication Type: 
Other Writing

“We are truly fucked.” That was Motherboard’s spot-on reaction to deep fake sex videos (realistic-looking videos that swap a person’s face into sex scenes actually involving other people). And that sleazy application is just the tip of the iceberg.

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