CISPA
By: Caitlyn Hall Although Congress is currently contemplating revising the twenty-seven year-old Electronic Communications Privacy Act in response to privacy concerns, it is also considering other legislation that could pose…
Information Law, Policy and Digital Privacy
By: David Gold Should police officers be required to obtain a warrant before searching an arrestee’s cell phone? Under the California Supreme Court’s 2011 opinion in People v. Diaz, the…
By: Josh Baker Article: http://www.wired.com/threatlevel/2013/04/secret-surveillance-court/ Government's brief: http://www.wired.com/images_blogs/threatlevel/2013/04/fisacourt.pdf The Electric Frontier Foundation (EFF), a digital rights group in San Francisco, brought suit in the District Court for the District of…
By: Ashley Belton National security often comes at odds with privacy interests, as evidenced by the White House’s reaction to the latest cybersecurity bill currently being considered by the…
By: Michal Flombaum In 2009, the Department of Homeland Security announced that it would assess the Civil Liberties Impact of suspicionless searches of computers and other electronic devices at the…
By: Tom Gottheil Last week, in a closed-door meeting, the House Intelligence Panel voted 18-2 to approve the Cyber Intelligence Sharing and Protection Act (CISPA), a controversial proposal to encourage…
By: Jenn Ebling Article link: http://www.slate.com/blogs/future_tense/2013/02/26/fisa_supreme_court_says_americans_don_t_have_standing_to_challenge_surveillance.html The article references a Supreme Court opinion, which can be accessed here: http://www.supremecourt.gov/opinions/12pdf/11-1025_ihdj.pdf On February 26, 2013, the Supreme Court ruled in…
By Nick Harmon This past February,the Supreme Court heard oral argument on the constitutionality of warrantless DNA collection from arrestees. When Maryland v. King is eventually decided, it will form yet another brick in…
By: Show Wang Article link: http://www.ediscoverylaw.com/2013/02/articles/case-summaries/court-considers-the-persnickety-but-persistent-question-of-what-qualifies-as-content-under-the-stored-communications-act/ The article contains a link to a court opinion, which can be seen here: http://www.ediscoverylaw.com/uploads/file/Westlaw_Document_Optiver.doc A recent case expands on the distinction between…
By: Su Mien Tee On March 19, 2013, the House Judiciary Committee’s Subcommittee on Crime, Terrorism, Homeland Security and Investigations held a hearing on ECPA reform. The Department of…