PRIVACY + SECURITY BLOG

News, Developments, and Insights

National Security, Terrorism, and the Bird Flu

This great cartoon by Tom Toles (Washington Post) captures what I’ve been blogging about (here, here, and here) with regard to national security, terrorism, and privacy.  We’re spending tons of money on elaborate ways to detect terrorists, such as Secure Flight, data mining, searches of bags in NYC subways, and so on.  Meanwhile, we’re not giving sufficient […]

Substance vs. Structure

Structural arguments are still quite in vogue these days. Federalism versus a national government. Judicial “activism” versus judicial restraint. Filibuster rule versus no filibuster rule. All of these arguments purport to be about structural rules, and they are independent of ideology insofar as they could be argued by liberals or conservatives depending upon who happens […]

Making the Constitution Easier to Amend

One reason (although not the only one) that judicial review is always under attack is because the Constitution is very hard to amend. The Supreme Court is often viewed to be the final word on hot-button issues such as abortion. Although there are many cases where the Court is unfairly viewed as the final word, […]

The Privacy Act, Data of Milking, and the Milking of Data

Over at choof.org, my friend Chris Hoofnagle (Director, Electronic Privacy Information Center West Coast Office) points out a rather unusual new government database consisting of lactating mothers participating in the “Workplace Lactation Program.”  This database is regulated by the Privacy Act of 1974, which requires that the government provide notice in the Federal Register about its plans for the […]

Journalist Privilege and the Valerie Plame Case

Almost lost amid the Supreme Court fireworks last week was its decision to deny certiorari on a challenge by two reporters to a grand jury subpoena for the identity of White House sources. The imbroglio began back in 2003, when former Ambassador Joseph Wilson disputed White House claims about weapons of mass destruction in Iraq. […]

Of Privacy and Poop: Norm Enforcement Via the Blogosphere

By way of BoingBoing comes this fascinating incident in Korea. A young woman’s dog pooped inside a subway train. Folks asked her to clean it up, but she told them to mind their own business. A person took photos of her and posted them on a popular Korean blog. Another blogger, Don Park, explains what happened next: