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Trifling with the Courts
This post offers concluding thoughts about the Ackies tracking device case, which I have written about here, here, and here. The Government filed no response t…
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The EARN IT Act: How to Ban End-to-End Encryption Without Actually Banning It
The story so far: In the ‘90s the Internet was created. This has made a lot of people very angry and been widely regarded as a bad move. (with…
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Twisted Tracking Law Precedent Badly Needs Straightening Out
On December 16, 2019 the Supreme Court denied cert in Ackies v. United States, the ‘precise location’ warrant case from the First Circuit. For reasons I outline…
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Intermediary Liability 101: An Update for 2020
I've had a lot of positive feedback for the Intermediary Liability 101 slides I shared back in 2018, so I thought I'd post these updated ones now. They…
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Thoughts on the Senate Judiciary Committee’s Hearing on Encryption
On Tuesday, December 10, the Senate Judiciary Committee (SJC) held a hearing on the encryption debate, the first such hearing in years. Most of the senators pre…
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Why are Precise Location Warrants a Thing?
My last post explained how the recent First Circuit decision in U.S. v. Ackies misconstrued the Tracking Device Statute by an unduly cramped reading of its key…
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Losing Track of the Tracking Device Statute
You, a first-year law student taking your Crim Pro exam, quickly scan the first question: “Can a cell phone be a tracking device?” Your initial reaction – must…
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The CJEU’s new filtering case, the Terrorist Content Regulation, and the future of filtering mandates in the EU
A. Introduction For several years now, one of the most hotly contested Internet policy questions in the European Union (EU) has been whether and how platforms…
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Banning Strong Encryption Does Not Mean Catching Criminals. It Only Makes You Less Safe from Them.
On November 17, 2019, Reuters reported that the Federal Bureau of Investigation (FBI) had drafted a resolution for the international police organization, Interp…
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Can the US-UK CLOUD Act Agreement be Fixed?
I’ve written here, here, here about the interception flaw in the US-UK Agreement under the CLOUD Act, which permits at least the UK to order US platforms to wir…
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Tool Without A Handle: “Book Review: Tools and Weapons”
Tool Without A Handle: “Book Review: Tools and Weapons” “Since the dawn of time, any tool can be used for good or ill. Even a broom can be used to sweep the…
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Transparency Reporting After the Cloud Act - It's Time for a Refresh
I’ve written here, here and here about the interception flaw in the US-UK Agreement under the CLOUD Act, which permits at least the UK to order US platforms to…