Press
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Have a Search Warrant for Data? Google Wants You to Pay
"The new fees could help recover some of the costs required to fill such a large volume of legal requests, said Al Gidari, a lawyer who for years represent…
Electronic Surveillance
Press
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Apple iCloud: How safe is it from hackers?
""Apple typically encrypts those backups in a way that provides security against hackers while still also enabling Apple to provide the decrypted data…
Press
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Two iPhones or the privacy of billions: Why Apple vs. the FBI matters
"“There’s blood in the water,” said Riana Pfefferkorn, associate director of surveillance and cybersecurity at the Stanford Center for Internet and Society…
Press
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Trump urges Apple to unlock Pensacola gunman’s iPhones
"“The government’s demand is dangerous and unconstitutional, and would weaken the security of millions of iPhones,” said ACLU Surveillance and Cybersecurit…
Press
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What’s New About the Latest Fight Between Apple and the FBI
"“It is a worse problem for the government to pressure and demand that Apple stop innovating on security,” says Jennifer Granick, who serves as surveillanc…
Blog
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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…
Press
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'We Can't Be Complacent' About the Crypto Debate
"But Jennifer Granick, surveillance and cybersecurity counsel at the American Civil Liberties Union, who has been involved in the encryption debate for man…
Blog
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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…
Blog
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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…
Blog
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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…
Blog
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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…
Press
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Imagine Being on Trial. With Exonerating Evidence Trapped on Your Phone.
"Al Gidari, the director of privacy at Stanford Law School, said that the Stored Communications Act prevents defense lawyers from using subpoenas to harass…