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The EARN IT Act Is Unconstitutional: Due Process
I’ve previously covered the First Amendment concerns that I have with the newly-introduced EARN IT Act bill. I also have due-process concerns about the bill’s “…
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The EARN IT Act Is Unconstitutional. First Up, the First Amendment.
The disastrous EARN IT Act bill is coming up for a hearing Wednesday morning in the Senate Judiciary Committee, where it’s been introduced as Senate bill S. 339…
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The EARN IT Act Is Here. Surprise, It’s Still Bad News.
Well, the dreaded day has come: the EARN IT Act was formally introduced today in the Senate Judiciary Committee. I wrote at length in January about the bill, wh…
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CCPA Comments, Round Two: The Battle of the Do Not Sell Button
Yesterday I submitted a second set of comments (see the bottom of this post for a copy) to the California Attorney General’s office for the February round of th…
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DOJ Plans to Strike Against Encryption While the Techlash Iron Is Hot
There’s a story in today’s Washington Post “Cybersecurity 202” newsletter that confirms that the Department of Justice is capitalizing on the techlash in order…
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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…