Law professor Dan Solove has posted a new draft article, Privacy in Authoritarian Times: Surveillance Capitalism and Government Surveillance. You can read or download a free copy at SSRN. Here is the Abstract: As the United States and much of the world face a resurgence of authoritarianism, the critical importance of privacy cannot be overstated….
Category: Surveillance
“Anonymity is not a fundamental right”: experts disagree with Europol chief’s request for encryption back door
Chiara Castro reports: Crime shouldn’t be an excuse to break encryption. Encrypted communications are either secure – and private – or they are not. That’s what some experts told TechRadar, commenting on recent Europol’s chief statement. Talking to the Financial Times, Catherine De Bolle said that technology giants have a “social responsibility” to give the police…
D.C.Cir.: Compelling defendant to unlock his phone was a 5A testimonial act
The 5th Amendment: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any…
VICTORY! Federal Court (Finally) Rules Backdoor Searches of 702 Data Unconstitutional
Andrew Crocker and Matthew Guariglia of EFF reported: Better late than never: last night a federal district court held that backdoor searches of databases full of Americans’ private communications collected under Section 702 ordinarily require a warrant. The landmark ruling comes in a criminal case, United States v. Hasbajrami, after more than a decade of litigation,…