Latest Reporting
Documents

Document: Justice Department Did Not Rely on Whitaker in FISA Matters, FISC Says

On Thursday, the Foreign Intelligence Surveillance Court issued an order stating that the government "has not relied on any action taken by [former Acting Attorney General Matthew Whitaker] in any submission to the court." The order, issued by Judge Rosemary Collyer, denied attorney Thomas C. Goldstein's motion to file an amicus curiae brief challenging Whitaker's authority to take action before the court on the basis that his appointment as acting attorney general was unlawful.

Data Protection

Data Collection Standards in Privacy Legislation: Proposed Language

As a proponent of baseline federal privacy legislation, I am encouraged that proposals that would have been poison pills not long ago, such as individual rights to see, correct and delete data as well as new authority for the Federal Trade Commission, are drawing wide support now. But some crucial and difficult issues remain wide open.

Encryption

Facebook, Encryption and the Dangers of Privacy Laundering

On March 6, Facebook CEO Mark Zuckerberg announced a long-term road map to turn Facebook into a “privacy-focused communications platform.” His “principles” for this transformation include auto-deleting old user content and choosing “not to build data centers in countries that have a track record of violating human rights like privacy or freedom of expression,” even if that gets Facebook blocked from lucrative markets such as China or Russia.

FISA

Three FISA Authorities Sunset in December: Here’s What You Need to Know

Thought we were done with surveillance-law debates, at least for a few years? Not by a long shot. A sunset is looming for three provisions of the Foreign Intelligence Surveillance Act. What’s at stake? Here’s a guide to prep you for the eventual legislative battle.

Which three authorities are in issue?

Privacy: Technology

Will This New Congress be the One to Pass Data Privacy Legislation?

A Congress that begins with a government shutdown carrying over and a raft of subpoenas to the executive branch issued by incoming House committee chairs promises to be at least as polarized and partisan as its predecessor. Even so, legislators want to legislate, and will seek some opportunities for bipartisan agreement. One area where this may happen is federal legislation to protect personal information privacy.

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