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Lighting the Way for the Next “Going Dark” Encryption Battle

By   /  April 9, 2019  /  Counterterrorism, Cybersecurity, Fourth Amendment  /  No Comments

By: Daniel de Zayas “[Encryption] takes us to a place—absolute privacy—that we have not been to before, where the balance we have long struck is fundamentally challenged and changed.” – James B. Comey It is no secret: Encryption has fueled tensions between the private sector and government.In the wake of the Snowden revelations, companies like Apple and Facebook […]

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Watching the Watchers: Legal Effects of the Section 702 Renewal

By   /  February 18, 2018  /  FISA, Fourth Amendment, Intelligence, National Security Law & Policy, Secrecy, Surveillance, Trending Topics  /  Comments Off on Watching the Watchers: Legal Effects of the Section 702 Renewal

By: Carly Nuttall  The Foreign Intelligence Surveillance Act (FISA) first became law in 1978. Broadly speaking, FISA is a federal law that outlines the necessary procedures for physical and electronic surveillance concerning foreign intelligence information between foreign powers and/or agents of foreign powers that are suspected of either espionage or terrorism. FISA also created the […]

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Updates Pending: The Supreme Court Grants Certiorari in the Microsoft Ireland Case

By   /  November 13, 2017  /  Featured, Foreign Relations, Fourth Amendment, International Law, National Security Law & Policy, News & Events, Pending Cases, Trending Topics  /  Comments Off on Updates Pending: The Supreme Court Grants Certiorari in the Microsoft Ireland Case

By: Jen Goss, November 13, 2017  In October, the Supreme Court granted certiorari in the case of United States v. Microsoft Corp. A Supreme Court decision in this case will provide the government and service providers with an answer to “whether a United States provider of email services must comply with a probable-cause-based warrant issued […]

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A Fourth Amendment Sunset: The FISA 702 Program Reauthorization

By   /  October 16, 2017  /  Fourth Amendment, Intelligence, Surveillance, Trending Topics  /  Comments Off on A Fourth Amendment Sunset: The FISA 702 Program Reauthorization

By Victoria Garcia The Foreign Intelligence Surveillance Act (“FISA”) 702 Program is an ongoing surveillance program that collects information about foreign nationals who are abroad and have connections to terrorist organizations.[1]  Currently, the 702 Program is set to expire at the end of 2017.  While Congress will likely reauthorize the 702 Program, debates about including […]

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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  /  1 Comment

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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