Julia Sherman  //  3/16/17  //  Topic Update

Since Trump's election, the privacy rights of foreigners (and in some cases of U.S. citizens) have grown still more precarious.   

The future of the Privacy Shield after Trump’s executive order on enhancing public safety is debated on Lawfare, with Adam Klein and Carrie Cordero concluding that the executive order does not deny Europeans protection under the Privacy Act.

o   Paul Rosenzweig takes a more uncertain approach, noting that it’s unclear what the impact of this executive order is on PPD-28, one of the two cornerstones of the Privacy Shield. 

o   Prior to the executive order, Cameron Kerry and Alan Charles Raul argued in favor of preserving the Privacy Shield, citing economic incentives.

o   Melaine Teplinsky (CSM Passcode), as well as Daniel L. Farris and Amanda Katzenstein (National Law Review), have also described the executive order’s potential impacts on the Privacy Shield.

o   At TechCrunch, the European Commission has expressed their concern over the executive order and its impacts on Europeans, while the ACLU and Human Rights Watch have urged the Commission to reexamine whether Europeans’ rights are being sufficiently protected in light of the changed circumstances.

o   On Twitter, European Commission Vice-President Andrus Ansip indicated that he had been reassured by the U.S. Secretary of Commerce that the U.S. continues to support the Privacy Shield.

Questioning Trump’s unsupported allegation that Obama wiretapped Trump Tower, Charlie Savage at NYT breaks down the legal implications of Trump’s claim.

o   At Just Security, Asha Rangappa describes the practical procedures for obtaining a FISA warrant.

Criticizing proposed changes to the Countering Violent Extremism program, Nadim Houry argues at Just Security that the Trump plans risks alienating Muslim communities and ignoring the dangers posed by other violent extremists.

o   Stevan Weine explains that the plan would also unduly rely on “hard” counter-terrorism tactics. 

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.