Derek Reinbold  //  4/9/17  //  Topic Update

Although the Federal Communication Commission’s broadband privacy regulations have been repealed, the Wiretap Act continues to provide a substantial check on broadband providers, argues Orin Kerr (Volokh Conspiracy).

  • Alex Kang reviews arguments for and against the FCC regulations and some expert reactions to their repeal (The Regulatory Review).
  • Meanwhile, digital security professionals question President Trump’s commitment to privacy (Electronic Frontier Foundation).

Members of Congress introduced legislation to ban warrantless cellphone searches at the border in response to President Trump’s plans for “extreme vetting” (The InterceptThe HillArs Technica).

Incidental collection of information on citizens is “merely an inherent feature of surveillance,” argues Benjamin Wittes (Lawfare).

The election of President Trump has rightfully accelerated adoption of encrypted messaging services, explains Max Read (NYT).

Wikileaks’ disclosure of CIA cyber-tools threatens to reveal the agency’s involvement in major international cyber hacking operations (Washington Post).

The EU and Attorney General Jeff Sessions have begun discussions on handling international warrants for data (The Hill).

Members of Congress are considering consolidating the Department of Homeland Security’s cybersecurity efforts into one operational agency (The Hill).

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.