Privacy
Report: FBI Misused Foreign Surveillance Powers To Investigate Domestic Crimes
Section 702 is supposed to be used to snoop on spies and terrorists, not Americans.
Warrantless Border Searches Draw Call for Supreme Court Action
The feds say they can paw through your phone and laptop any time you enter or leave the country.
REAL ID Deadlines Threaten America's Post-COVID Travel Plans. Could We Please Kill This Law?
More than half of Americans don’t have these new licenses. Airports are supposed to start checking them by October.
Lawmakers Look To Stop the Feds From Secretly Buying Your Private Data
A 2018 Supreme Court decision was supposed to protect your location data from federal snooping. That’s not what happened.
Cops Are Using Facial Recognition Technology More Than Previously Revealed
The surveillance state is available as a plug-and-play solution for any cop interested in a free trial period.
Ex-Rep. Katie Hill's Revenge Porn Lawsuit Against Daily Mail (UK) Dismissed
"Defendant has established that the images are a matter of public concern, as they speak to Plaintiff's character and qualifications for her position as a Congresswoman, allegedly depicting an extramarital sexual relationship with a paid campaign staff member, the use of illegal drugs by a sitting Congresswoman, and a tattoo similar to the symbols formerly used by white supremacists."
Names of Police Officers Involved in Defensive Shooting of Suspects Aren't Public Records
So holds the Florida Court of Appeal, interpreting the Florida Constitution's crime victims' rights provision. ("If a prosecutor determines that the officer was not a victim and instead charges the officer for his conduct," the names would be released, but no such determination was made here.)
Some Rhetoric from the Rotenberg v. Politico Complaint
Gripes about publishers getting "private commercial benefit" from "hate speech, propaganda, and statements that seek to destabilize American democracy"; argument that "[t]he public figure doctrine emerged in an era prior to the Internet advertising model that rewards news organizations for the ongoing display of defamatory content."
The Legal Complexities in Rotenberg v. Politico—#1332 Might Surprise You!
Remember: Lawyers’ true superpower is the power to turn all questions into questions about procedure.
When Is It Tortious to Report on Someone's Positive COVID Result?
A privacy controversy in a lawsuit by privacy advocate Marc Rotenberg (formerly of EPIC, the Electronic Privacy Information Center).
Do Nannies Have "Justifiable Expectation" That They Won't Be Audiorecorded at Work?
No, says the Pennsylvania Supreme Court, though over a dissent.
25-Foot Rooftop Videocamera Peering Into Neighbor's Yard Must Be Taken Down
Sounds right to me.
No Right of Publicity Claim for Publishing Court Opinion with Plaintiff's Name
Obvious, but good to have a cite for that.
Lawsuit Challenges Clearview's Use of Scraped Social Media Images for Facial Recognition
Databases of involuntarily supplied identities make for a plug-and-play surveillance state.
Overbroad Injunctions Against Speech
Why Are Some Courts Issuing Overbroad Injunctions Against Speech? "All the Craziness … Needs to Stop Totally"
Some speculation from my forthcoming article.
Redskins Owner, Indian Libel Lawsuit, Friday Night Lights, Jeffrey Epstein, and a "Conspiratorial Saga"
“[T]hat the subpoenas directed at Mrs. McCloughan may be less of a bona fide effort to obtain evidence supportive of the claims brought in the Indian Action, than they are an effort to burden and harass individuals formerly associated with the Washington Football Team who may have acted as sources for The Washington Post story.”
California's Requirement That Nonprofits Disclose Donor Information Poses a Grave Threat to Freedom of Association
A broad coalition of groups is asking the Supreme Court to overturn the state's policy.
So Long as You Carry a Cellphone, the Government Can Track You
A phone in your pocket may as well be a GPS beacon strapped to your ankle.
Federal Suit Seeks Damages for Men Illegally Recorded at Florida Massage Parlors, Falsely Smeared as Sex Traffickers
Two women still face felony charges, though the cases against all male defendants were dropped.
The Best Way for Florida to 'Take on Big Tech' Is to Keep Welcoming the Crypto Community
Platform censorship results from centralized design. Cryptocurrency techies are building decentralized alternatives.
Support Encryption for Everybody or Place Your Faith in Government Snoops
Government agencies have repeatedly proven themselves to be abusive.
'That System Is Being Used Against You': Edward Snowden Makes the Case for Internet Privacy. Is He Right?
Online companies might not be as nefarious as you think.
U.S. Used Facial Recognition on Millions of Air Travelers Last Year, Found No Imposters
Plus: Biden won't pursue Trump's TikTok and WeChat bans, Mitt Romney's child allowance plan, and more...
How To Fix the Internet
Each episode explores how to fix laws that entrench privacy-violating practices.
'See Something, Say Something Online Act' Punishes Big Tech for Not Snitching
Plus: Oregon decriminalizes hard drugs, Kroger closes stores over hazard pay rule, and more...
Houston Police Chief Tries To Blame Encryption for Failure To Uncover Far-Right Cops
Meanwhile, he’s still trying to downplay corruption within his own force.
Cops Must Destroy Illegal Surveillance Videos From Spa Visited by Robert Kraft
Authorities "shall destroy the videos unlawfully obtained through the surveillance of the Orchids of Asia Day Spa," a federal judge says.
Don't Let the Capitol Riot Become a 9/11-Style Excuse for Authoritarianism
Frightening events create openings for attacks on civil liberties.
A Libertarian Judge Champions Privacy Rights Against Warrantless Police Searches
Justice Clint Bolick dissents in Arizona v. Mixton.
Embattled Administration Pushes Midnight Controls on Financial Tech
Bureaucracy keeps on regulating through the chaos
In 2021, Politics Needs a 'Leave Us Alone' Coalition
Government is not reason. It is not eloquence. It is force. We could use a little less of that, please.
Immunity Passports May Liberate Us From Lockdowns or Invite New Privacy Invasions
The idea is looking less like a Get Out of Jail Free card and more like a hall pass.
The Massive SolarWinds Hack Won't Stop the Feds from Wanting All Your Data
Government surveillance doesn't just violate privacy rights; it’s a major security risk.
Guidance on Filing Sealed Documents
Don't just file the document unsealed, and then ask for sealing
Facial Recognition Programs Are Getting Better at Recognizing Masked Faces
Time to add a hat and sunglasses!
Feds Propose Even More Surveillance of Your Banking Habits
By lowering the “travel rule” threshold to $250, the government could access more of our financial data.
Michigan Voters Demand That Police Get Warrants for Electronic Data
Constitutional amendment overwhelmingly passes.
Need Proof That Encryption Backdoors Lead to Hacking? It Happened to Our Own Government.
The National Security Agency arranged for security systems to be secretly compromised. Then the Chinese government allegedly found its way in.
Surprise: DOJ Is Not a Big Fan of Privacy-Preserving Cryptocurrencies
Privacy is a right, not a “high risk” and “possibly criminal” activity
Court Revives Wiretap Target's Attempt to Get Information About the Wiretap
In 2014, more than half of all California wiretaps (and one sixth of all the wiretaps in the U.S.) were authorized by one judge in Riverside County.
Eighth Circuit Seals Published (Printed) Opinion, Later Grants Our Motion to Unseal
An attempt to protect litigant privacy meant that binding precedent was vanished from Westlaw.