The nature and scope of privacy rights—at home and abroad—remains hotly contested.

Versus Trump: Trump Versus Facebook

8/23/18  //  Commentary

On this week's episode of Versus Trump, Jason and Charlie talk about an unusual and surprising case where the Trump Administration has filed a brief in support of fair housing advocates who have sued Facebook for its part in enabling discriminatory advertising. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

Updates | The Week of January 15, 2018

1/14/18  //  Daily Update

Customs officers searched an estimated 30,200 cellphones, computers and other electronic devices of people entering and leaving the United States last year, up 60 percent from 2016.

Updates | The Week of December 18, 2017

12/24/17  //  Daily Update

Justice Gorsuch's limitation of his use of the word 'privacy' at the oral argument of Carpenter v. United States may mean a desire to limit substantive due process doctrine in the future. DHS's costly implementation of facial screening technology at airports is technologically flawed and is a significant escalation in government surveillance, claims a report from Georgetown University researchers. Use of fear-mongering tactics in the campaign to pass the Foreign Intelligence Surveillance Amendments Act demonstrates contempt for Fourth Amendment rights.

Updates | The Week of October 16

10/21/17  //  Daily Update

Contrary to Deputy Attorney Rod Rosenstein's recent speech, encryption is not just a weapon, but a shield.

Updates | The Week of October 2, 2017

10/8/17  //  Daily Update

The Trump administration is pushing a FISA reauthorization before the surveillance law sunsets in December.

All Your Voter Data Are Belong To Us

6/30/17  //  In-Depth Analysis

Kris Kobach just asked for help building a national voter file in two weeks. That’s massively irresponsible. And it might well be illegal.

Justin Levitt

Loyola Law School

Updates | The Week of June 5, 2017

6/11/17  //  Daily Update

Senator Tom Cotton seeks to make Section 702 of the Foreign Intelligence Surveillance Act permanent.

Updates | The Week of May 8, 2017

5/14/17  //  Daily Update

A fight is brewing in Congress over the reauthorization of one of the country's most significant surveillance laws.

Updates | The Week of April 3, 2017

4/9/17  //  Daily Update

The FCC repealed broadband privacy regulations, but Orin Kerr notes that the Wiretap Act provides a substantial check on privacy incursions by broadband providers. In response to "extreme vetting," Members of Congress introduced legislation banning warrantless cellphone searches at the border.

The Story Thus Far: Privacy & Surveillance

3/16/17  //  Daily Update

Since Trump's election, the privacy rights of foreigners (and in some cases of U.S. citizens) have grown still more precarious. Here are some useful analyses of the story thus far.

Updates | Week of March 20, 2017

3/26/17  //  Daily Update

Top law enforcement officials missed key issues about incidental surveillance of Americans. Incognito messaging by federal employees may raise legal questions.

Updates | The Week of April 10, 2017

4/16/17  //  Daily Update

A group calling itself the Shadow Brokers dumped a cache of stolen NSA hacking tools on Saturday, a leak Grayson Clary found rather underwhelming.

Updates | The Week of March 27, 2017

4/2/17  //  Daily Update

Congress passed legislation allowing internet service providers to market customers' browsing history to third parties. In a rare en banc session, the Foreign Intelligence Surveillance Court will consider the ACLU's claim that it has standing to assert a First Amendment right to see FISC decisions upholding the government's bulk data collection program.