Academic Writing

If U.S. privacy negotiations with Europe fail, it’s a recipe for chaos

Author(s): 
Henry Farrell
Publication Date: 
January 31, 2016
Publication Type: 
Other Writing

The European Union and the United States are about to give us some idea of how their negotiations over the Safe Harbor dispute are going. The European Court of Justice ruled that the Safe Harbor arrangement — a critical bridge for e-commerce firms and other businesses that need to move personal information across the Atlantic — was invalid, because it did not protect European citizens against U.S. surveillance. Companies like Facebook and Google are waiting with some trepidation to find out, since a collapse of negotiations might have very serious implications for their business model. Read more » about If U.S. privacy negotiations with Europe fail, it’s a recipe for chaos

Apple may owe Ireland $19 billion, but Ireland doesn’t want the money. Here’s why.

Author(s): 
Henry Farrell
Publication Date: 
January 29, 2016
Publication Type: 
Other Writing

Depending on the outcome of an official investigation, Apple may face a bill that is estimated at between $8 billion and $19 billion for underpaid taxes to the Irish government. The Irish government really, really doesn’t want to get this money and is fighting as hard as it can to avoid receiving it. That may sound weird to ordinary people, who assume that governments want to squeeze individuals and businesses for as much taxes as they can get. Read more » about Apple may owe Ireland $19 billion, but Ireland doesn’t want the money. Here’s why.

The Government Shouldn’t Distribute Child Pornography. Period.

Author(s): 
Elizabeth Joh
Publication Date: 
January 27, 2016
Publication Type: 
Other Writing

Participating in the distribution of child pornography is a federal crime. But that’s exactly what the F.B.I. did in this case. In order to identify more than 1,000 people suspected of trading in child pornography, the F.B.I. operated a child pornography website for nearly two weeks. Read more » about The Government Shouldn’t Distribute Child Pornography. Period.

Opinion: Forget about Safe Harbor. Modernize global privacy law instead

Author(s): 
Scott Shackelford
Publication Date: 
January 27, 2016
Publication Type: 
Other Writing

There's a widening transatlantic divide regarding privacy rights that needs to be bridged – and soon.

But instead of coming up with another version of the data transfer agreement between the US and European Union known as Safe Harbor, we need a new set of global standards to build a common vision of privacy rights in the Digital Age. Read more » about Opinion: Forget about Safe Harbor. Modernize global privacy law instead

International Justice Year-in-Review: Looking Backwards, Looking Forwards (Part 2)

Author(s): 
Beth Van Schaack
Publication Date: 
January 19, 2016
Publication Type: 
Other Writing

Editor’s Note: We asked editors Beth Van Schaack and Alex Whiting to do a roundup of the top international criminal justice stories from 2015 and what readers should keep an eye on in 2016. This is Beth’s half of the list. You can find Alex’s here. Read more » about International Justice Year-in-Review: Looking Backwards, Looking Forwards (Part 2)

James Comey’s Default-Encryption Bogeyman

Author(s): 
Riana Pfefferkorn
Publication Date: 
January 15, 2016
Publication Type: 
Other Writing

FBI Director James Comey recently told the Senate Judiciary Committee that encryption routinely poses a problem for law enforcement. He stated that encryption has “moved from being available [only] to the sophisticated bad guy to being the default. So it’s now affecting every criminal investigation that folks engage in.” Read more » about James Comey’s Default-Encryption Bogeyman

Content Is Content, No Matter How Small

Author(s): 
Jeffrey Vagle
Publication Date: 
January 13, 2016
Publication Type: 
Other Writing

Recently, Orin Kerr and I had a brief conversation on Twitter regarding the Fourth Amendment and the content/non-content distinction. Specifically, Orin asked those of us who subscribe to the mosaic theory of intelligence if some large amount of metadata can become content, can some small amount of content become metadata by the same logic? Read more » about Content Is Content, No Matter How Small

Racial surveillance has a long history

Author(s): 
Jeffrey Vagle
Publication Date: 
January 4, 2016
Publication Type: 
Other Writing

The path from Laquan McDonald’s summary execution by Chicago police officer Jason Van Dyke to the reluctant release — over a year later — by the Chicago Police Department of video of the killing shines yet another spotlight on the disproportionate use of force by police against young black men and women and the failure of authorities to identify and punish this behavior. Read more » about Racial surveillance has a long history

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