Rebecca Wexler has an interesting op-ed about an inadvertent harm that privacy laws can cause: while law enforcement can often access third-party data to aid in prosecution, the accused don’t have the same level of access to aid in their defense: The proposed privacy laws would make this situation worse. Lawmakers may not have set … Read More “How Privacy Laws Hurt Defendants” »
Category: courts
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I didn’t know that Supreme Court Justice John Paul Stevens “was also a cryptographer for the Navy during World War II.” He was a proponent of individual privacy. Powered by WPeMatico
Interesting essay arguing that we need better legislation to protect cybersecurity whistleblowers. Congress should act to protect cybersecurity whistleblowers because information security has never been so important, or so challenging. In the wake of a barrage of shocking revelations about data breaches and companies mishandling of customer data, a bipartisan consensus has emerged in support … Read More “The Importance of Protecting Cybersecurity Whistleblowers” »
An article I co-wrote — my first law journal article — was cited by the Massachusetts Supreme Judicial Court — the state supreme court — in a case on compelled decryption. Here’s the first, in footnote 1: We understand the word “password” to be synonymous with other terms that cell phone users may be familiar … Read More “I Was Cited in a Court Decision” »
Impressive police work: In a daring move that placed his life in danger, the I.T. consultant eventually gave the F.B.I. his system’s secret encryption keys in 2011 after he had moved the network’s servers from Canada to the Netherlands during what he told the cartel’s leaders was a routine upgrade. A Dutch article says that … Read More “El Chapo’s Encryption Defeated by Turning His IT Consultant” »
BoingBoing has the story. I have never quite trusted the idea of a warrant canary. But here it seems to have worked. (Presumably, if SpiderOak wanted to replace the warrant canary with a transparency report, they would have written something explaining their decision. To have it simply disappear is what we would expect if SpiderOak … Read More “SpiderOak’s Warrant Canary Died” »
A group called Protect Democracy is suing South Carolina because its insecure voting machines are effectively denying people the right to vote. Note: I am an advisor to Protect Democracy on its work related to election cybersecurity, and submitted a declaration in litigation it filed, challenging President Trump’s now-defunct “election integrity” commission. Powered by WPeMatico
If you’re going to commit an illegal act, it’s best not to discuss it in e-mail. It’s also best to Google tech instructions rather than asking someone else to do it: One new detail from the indictment, however, points to just how unsophisticated Manafort seems to have been. Here’s the relevant passage from the indictment. … Read More “E-Mail Leaves an Evidence Trail” »
For over a decade, civil libertarians have been fighting government mass surveillance of innocent Americans over the Internet. We’ve just lost an important battle. On January 18, President Trump signed the renewal of Section 702, domestic mass surveillance became effectively a permanent part of US law. Section 702 was initially passed in 2008, as an … Read More “After Section 702 Reauthorization” »
The cell phones we carry with us constantly are the most perfect surveillance device ever invented, and our laws haven’t caught up to that reality. That might change soon. This week, the Supreme Court will hear a case with profound implications on your security and privacy in the coming years. The Fourth Amendment’s prohibition of … Read More “Warrant Protections against Police Searches of Our Data” »