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Law enforcement hacking declared search under Fourth Amendment
"Riana Pfefferkorn, cryptography fellow at the Stanford Center for Internet and Society, said the issue could be resolved by Congress first with the decisi…
Fourth Amendment
Correcting the Record on Section 702: A Prerequisite for Meaningful Surveillance Reform
The legal authority behind the controversial PRISM and Upstream surveillance programs used by the NSA to collect large swaths of private communications from lea…
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Our Fingerprints Are Portals Into Our Digital Lives — But the Laws Haven't Caught Up
"First of all, there's the Fourth Amendment, which protects against unlawful search and seizure. The problem is, according to Yana Welinder, a nonresid…
The Microsoft Ireland Case and the Future of Digital Privacy
This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous we…
It's Too Complicated: How the Internet Upends Katz, Smith, and Electronic Surveillance Law
For more than forty years, electronic surveillance law in the United States developed under constitutional and statutory regimes that, given the technology of t…
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Why Microsoft's Fight with the Government Should Overshadow Apple's
"This lawsuit comes on the heels of the Apple case, in which Tim Cook and Apple stood up to the FBI. As in the Apple case, this suit goes to show that in t…
Press
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Microsoft sues U.S. government over secret requests for user data
"However, it's unclear how Microsoft's lawsuit will fare. It would be "premature to guess" how successful Microsoft is likely to be, Jenn…
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Microsoft sues DOJ over snooping citizens' emails
"University of Washington law professor Ryan Calo says the kind of secrecy order Microsoft is contesting "is something that should be justified and n…
Content Is Content, No Matter How Small
Recently, Orin Kerr and I had a brief conversation on Twitter regarding the Fourth Amendment and the content/non-content distinction. Specifically, Orin asked t…
The Difficulty With Metaphors and the Fourth Amendment
The Fourth Amendment to the US Constitution seems straightforward on its face: At its core, it tells us that our “persons, houses, papers, and effects” are to b…
Sloppy Cyber Threat Sharing Is Surveillance by Another Name
Cross-posted from Just Security. This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines th…
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Google snoops on Gmail to catch pedophiles
"Ryan Calo, a tech policy expert at the University of Washington School of Law, said that if Google "decided to take it upon themselves to police othe…