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.
Privacy Paradox: Rethinking Solitude
Privacy Paradox takes an unorthodox look at the law and policy of contemporary privacy: intelligence reform, the transatlantic divide over data protection and government data collection, and the incipient international law of privacy. What does the "right to be let alone" mean in a world in which we leave digital dust wherever we go and entrust our lives to companies we know to be exploiting our data for commercial gain? Do we want those companies to stand up to government or work with it—or both?
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.
Is Huawei a ‘Foreign Power’ or an ‘Agent of a Foreign Power’ Under FISA? Insights From the Sanctions Case
[Update: Several colleagues have pointed out that I did not make sufficiently clear that there is an alternate (and much less intriguing) explanation for the 1806(c) notices here.
Encrypting Facebook’s services won’t fix the privacy problems that have gotten the company in trouble in recent years.
The USA Freedom Act was supposed to preserve the core of the NSA’s telephone metadata contact-chaining program. Has it doomed it instead?
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 FISA provisions. What’s at stake? Here’s a guide to prep you for the eventual legislative battle.
As legislators seek opportunities for bipartisan agreement, one area where this may happen is federal legislation to protect personal information privacy.
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