Publications

How far should organizations be able to go to defend against cyberattacks?

Author(s): 
Scott Shackelford
Publication Date: 
February 15, 2019
Publication Type: 
Other Writing

The deluge of cyberattacks sweeping across the world has governments and companies thinking about new ways to protect their digital systems, and the corporate and state secrets stored within. For a long time, cybersecurity experts have erected firewalls to keep out unwanted traffic and set up decoy targets on their networks to distract hackers who do get in.

Submission to PJCIS Regarding Assistance and Access Act

Author(s): 
Riana Pfefferkorn
Publication Date: 
February 14, 2019
Publication Type: 
Other Writing

Submission to Australia's Parliamentary Joint Committee on Intelligence and Security (PJCIS) regarding its review of the Assistance and Access Act that had passed into law in early December 2018.

Order Denying Motions to Unseal

Publication Date: 
February 11, 2019
Publication Type: 
Litigation Brief

Order denying motions by Riana Pfefferkorn and others to unseal the docket and court's legal reasoning in a sealed case wherein the Department of Justice allegedly sought to compel Facebook to comply with a wiretap order for Facebook's end-to-end encrypted voice calling app, Messenger. 

EXCLUSIVE: FBI’s War Crimes Unit on the Chopping Block

Author(s): 
Beth Van Schaack
Publication Date: 
February 10, 2019
Publication Type: 
Other Writing

[UPDATED] A special unit within the Federal Bureau of Investigation that handles war crimes may be shut down imminently, according to officials familiar with the administration’s decision-making process. The FBI’s International Human Rights Unit takes the lead on investigating individuals within the United States who have been accused of committing international crimes, including war crimes, torture, genocide, female genital mutilation, and the recruitment of child soldiers.

Amicus Brief of EFF and Riana Pfefferkorn

Author(s): 
Riana Pfefferkorn
Publication Date: 
January 25, 2019
Publication Type: 
Litigation Brief

Amicus brief of Electronic Frontier Foundation and Riana Pfefferkorn in support of Petitioners-Appellants Jason Leopold and Reporters Committee for Freedom of the Press, filed in the D.C. Circuit. The petition in the court below sought to unseal certain sealed surveillance matters in the District of D.C.'s docket and also sought prospective changes to enhance the transparency of the court's surveillance docket going forward.

Brief of Amici Curiae Former U.S. Magistrate Judges in Support of Petitioners

Author(s): 
Stephen Wm. Smith
Publication Date: 
January 25, 2019
Publication Type: 
Litigation Brief
Amicus brief of former magistrate judges, including CIS Director of Fourth Amendment and Open Courts Stephen Wm. Smith, in support of Petitioners-Appellants Jason Leopold and Reporters Committee for Freedom of the Press, filed in the D.C. Circuit. The petition in the court below sought to unseal certain sealed surveillance matters in the District of D.C.'s docket and also sought prospective changes to enhance the transparency of the court's surveillance docket going forward.
 

Brief of Retired Federal Judges as Amici Curiae in Support of Neither Party

Author(s): 
Stephen Wm. Smith
Publication Date: 
January 25, 2019
Publication Type: 
Litigation Brief

Amicus curiaei brief of retired judges, including CIS Director of Fourth Amendment and Open Courts, in the Court of Appeals for the Federal Circuit in a case challenging the fees charged by the federal courts for electronic access to court records.

People used to joke about ‘Democrats in disarray.’ They’re not joking now.

Author(s): 
Henry Farrell
Publication Date: 
January 30, 2019
Publication Type: 
Other Writing

The comedian Will Rogers famously joked: “I am not a member of any organized political party. I am a Democrat.” Until relatively recently, neither Republicans nor Democrats were particularly organized. Instead, they were loose coalitions of politicians with very different ideologies. Sam Rosenfeld is an assistant professor at Colgate University.

Who Do You Sue? State and Platform Hybrid Power Over Online Speech

Author(s): 
Daphne Keller
Publication Date: 
January 29, 2019
Publication Type: 
Other Writing

This essay closely examines the effect on free-expression rights when platforms such as Facebook or YouTube silence their users’ speech. The first part describes the often messy blend of government and private power behind many content removals, and discusses how the combination undermines users’ rights to challenge state action. The second part explores the legal minefield for users—or potentially, legislators—claiming a right to speak on major platforms.

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