PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

Microsoft Just Won a Big Victory Against Government Surveillance — Why It Matters

Yesterday, Microsoft won a huge case against government surveillance, a case with very important implications: In the Matter of a Warrant to Search a Certain E‐Mail Account Controlled and Maintained by Microsoft Corporation.

Modernizing Electronic Surveillance Law

By Daniel J. Solove Next year, there will be a milestone birthday for the Electronic Communications Privacy Act (ECPA) – the primary federal law that regulates how the government and private parties can monitor people’s Internet use, wiretap their communications, peruse their email, gain access to their files, and much more. This is no ordinary […]

Surveillance Law in Dire Need of Reform: The Promise of the LEADS Act

By Daniel J. Solove The law regulating government surveillance and information gathering is in dire need of reform. This law, which consists of the Fourth Amendment and several statutes, was created largely in the 1970s and 1980s and has become woefully outdated. The result is that law enforcement officials and intelligence agencies can readily find […]

Drones, Data Breaches, Cramming, and Other Privacy + Security Updates

by Daniel J. Solove This post is co-authored with Professor Paul M. Schwartz. This post is part of a post series where we round up some of the interesting news and resources we’re finding. For a PDF version of this post, and for archived issues of previous posts, click here. We became quite busy after […]

Enforcing the Surveillance Laws

Surveillance

As many of the recent revelations of government surveillance and information gathering are revealing, government agencies such as the FBI and NSA are violating the law. Recently, the DOJ investigation into the FBI’s use of NSLs reveals many violations of law. So where are the penalties? In the latest surveillance scandal, the FBI says that it […]

The Pentagon, the CIA, and National Security Letters

Government Surveillance

From the New York Times: The Pentagon and to a lesser extent the CIA have been using a little-known power to look at the banking and credit records of hundreds of Americans and others suspected of terrorism or espionage within the United States, officials said Saturday. The C.I.A. has also been issuing what are known as […]

The Datran Media Case: Information Privacy Due Diligence

Datran Media

Recently, New York AG Eliot Spitzer settled a case against Datran Media that could have some wide-ranging implications for information privacy law. Datran Media styles itself “a leading performance-based marketing company with Enabling Technology that connects marketers to consumers through a comprehensive set of email marketing and digital media services.” This is basically a verbose way of saying that […]

Hi-Tech Rat Race: Law Enforcement Surveillance and New Technology

Facial Recognition

Brian Bergstein writes in an AP article about the issue of law enforcement surveillance and technology: With each new advance in communications, the government wants the same level of snooping power that authorities have exercised over phone conversations for a century. Technologists recoil, accusing the government of micromanaging — and potentially limiting — innovation. Today, this tug […]