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Update Required? Analyzing the Electronic Communications Privacy Act

By   /  September 30, 2017  /  Cybersecurity, Cybersecurity Law & Policy, Fourth Amendment, National Security Law, Right to Privacy Online, Searches & Seizures, Trending Topics  /  No Comments

By Carly Nuttall Most people understand that statements shared on Twitter, status updates posted on Facebook, or photos uploaded to Instagram are not private. But what about emails, text messages, health and financial records, or photos stored in the cloud? Although most people would assume that this information is protected—both by passwords and the Fourth […]

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The Third Party Records Doctrine in the Digital Age

By   /  January 6, 2016  /  Fourth Amendment, National Security Law, Right to Privacy Online, Searches & Seizures  /  No Comments

In 2013, Associate Justice Sonia Sotomayor’s concurring opinion in United States v. Jones received effusive media coverage.[1] In Jones, the Court held that the Government’s installation of a GPS device on a vehicle, and its use of that device to monitor the movements of the vehicle, constitutes a search under the Fourth Amendment.[2] Associate Justice […]

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The Optic Nerve Program Meets the NSA

By   /  March 19, 2014  /  Cyber-surveillance, Cybersecurity, Cybersecurity Law & Policy, Featured, Fifth Amendment, First Amendment, Human Rights in Cyberspace, National Security Law & Policy, Trending Topics  /  No Comments

Three United States Senators and members of the Senate Intelligence Committee are among many Americans who recently discovered that the National Security Agency (NSA) potentially aided the British Government Communications Headquarters (GCHQ) in the mass collection of Yahoo webcam images through the Optic Nerve program. The three Senators, Ron Wyden (D-OR), Mark Udall (D-CO), and Martin […]

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Warrantless Wiretapping Fallout Continues

By   /  December 3, 2013  /  Cyber-surveillance, Cybersecurity, Cybersecurity Law & Policy, Featured, Fifth Amendment, First Amendment, FISA, Fourth Amendment, Human Rights in Cyberspace, Intelligence, National Security Law, National Security Law & Policy, Searches & Seizures, Surveillance, Terrorist Trials, Trending Topics  /  No Comments

Earlier this year, a Somali-American man, Mohamed Mohamud, was convicted of trying to use a weapon of mass destruction at a Christmas tree lighting ceremony in Portland, Oregon in 2010.  On Tuesday, November 19, 2013, the Department of Justice’s prosecutors filed a two-page notice in the United States District Court for the District of Oregon disclosing […]

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The Right to Be Forgotten in a Digital Age

By   /  November 14, 2013  /  Big Data, Cyber-surveillance, Cybersecurity, Cybersecurity Law & Policy, Human Rights in Cyberspace, Trending Topics  /  No Comments

The EU has incredibly strict privacy laws compared to the US and has recently looked to expand those laws. One proposed law is called the General Data Protection Regulation, commonly referred to as the “Right to be Forgotten” law. The law could endanger free speech in the EU, as well as cause hefty repercussions for […]

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