Publications

Apple v the FBI: why the 1789 All Writs Act is the wrong tool

Author(s): 
Neil Richards
Woodrow Hartzog
Publication Date: 
February 24, 2016
Publication Type: 
Other Writing

Apple’s celebrated fight with the FBI over the security of its encrypted iPhones has shone the spotlight on an old and obscure federal law from 1789 known as the All Writs Act (AWA).

The AWA is a short little statute, giving federal courts the power to “issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.” Read more about Apple v the FBI: why the 1789 All Writs Act is the wrong tool

Who Sets the Rules of the Privacy and Security Game?

Author(s): 
Jennifer Granick
Publication Date: 
February 22, 2016
Publication Type: 
Other Writing

Last week’s big cybersecurity news was that the FBI obtained a court order to force Apple to develop new software that would bypass several iPhone security features so the FBI can attempt to unlock the work phone of one of the San Bernardino shooters. Apple plans to challenge that order. (Full disclosure: I am planning on writing a technologists’ amicus brief on Apple’s side in that challenge.) Read more about Who Sets the Rules of the Privacy and Security Game?

“More Than a Domestic Mechanism”: Options for Hybrid Justice in Sri Lanka

Author(s): 
Beth Van Schaack
Publication Date: 
February 18, 2016
Publication Type: 
Other Writing

For nearly three decades, the government of Sri Lanka fought with the Liberation Tigers of Tamil Eelam (LTTE), but after years of resistance, the new government has committed to launching a genuine transitional justice program to address, and redress, the grave international crimes committed by all sides during the conflict. Read more about “More Than a Domestic Mechanism”: Options for Hybrid Justice in Sri Lanka

Scalia’s privacy impact will be felt for years to come

Author(s): 
Omer Tene
Publication Date: 
February 15, 2016
Publication Type: 
Other Writing

One would think privacy was a concept that Justice Antonin Scalia disliked. After all, how could a textualist, who firmly believed in lawyers’ obligation to follow the text, respect a concept as nebulous and blurry edged as privacy? A concept whose very meaning continues to befuddle lawyers, political philosophers and social scientists more than a century after it was introduced into legal jargon by Louis Brandeis, another Supreme Court giant to come? Read more about Scalia’s privacy impact will be felt for years to come

The NSA is massively reorganizing itself. That’s going to hurt its credibility

Author(s): 
Henry Farrell
Publication Date: 
February 10, 2016
Publication Type: 
Other Writing

The National Security Agency has been having a tough time the last couple of years, as it takes the blame for widespread surveillance. It has just announced a major reorganization plan under which its Signals Intelligence (spying) and Information Assurance (domestic protection) directorates are going to be combined in a new Directorate of Operations. Read more about The NSA is massively reorganizing itself. That’s going to hurt its credibility

J.K. Rowling got in trouble for how she talks about Africa. Here’s why she may have been right.

Author(s): 
Henry Farrell
Publication Date: 
February 4, 2016
Publication Type: 
Other Writing

Harry Potter author J.K. Rowling is embroiled in a controversy. Pottermore, her official website for all things Harry Potter, made a big announcement over the weekend, telling the world that there are wizarding schools in the United States, Japan and Africa: Read more about J.K. Rowling got in trouble for how she talks about Africa. Here’s why she may have been right.

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