PRIVACY + SECURITY BLOG

News, Developments, and Insights

Electronic Surveillance Statistics for 2005

The Department of Justice (DOJ) has released its annual report on the number of Foreign Intelligence Surveillance Act (FISA) orders, Wiretap Act orders, and National Security Letters issued in 2005. For FISA surveillance orders, 2072 applications were made to the FISA court; none were denied. Over the past few years, the number of orders has been steadily increasing:

Get High (and Identified) With a Little Help From Your Friends

It’s time to modernize the lyrics to some old Beatles songs. The University of Colorado police are using a website to post surveillance photos of students and other individuals it wants to identify for smoking pot on Farrand Field. Apparently, there’s a tradition at the University of Colorado for students to spoke pot on Farrand Field on April […]

Stuntz Responds: Further Thoughts on Privacy and Transparency

A few weeks ago, I wrote a post criticizing an essay by William Stuntz (law, Harvard) in The New Republic. Today, he has responded to my post in The New Republic Online. I’ll reply briefly here to a few of Stuntz’s points in response. Stuntz observes:

Sex in Kansas

Yes, Dorothy, you really can tell your doctor about sex in Kansas. A while ago, I wrote about the Kansas Attorney General’s interpretation of a law prohibiting sex with minors under the age of 16 as requiring doctors to report any sexual activity by people under 16 to the state authorities (here and here). Recently, a federal […]

William Stuntz’s Misguided Theory of Privacy and Transparency

William Stuntz (law, Harvard) has long been advancing thoughtful provocative ideas about criminal procedure. I’ve always found Stuntz to be insightful even when I disagree (and I have disagreed with him a lot). Stuntz’s recent essay in The New Republic entitled Against Privacy and Transparency has me not just disagreeing, but doing so rather sharply.

The Datran Media Case: Information Privacy Due Diligence

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 […]

Outsourcing Our Data

A growing data privacy issue is the outsourcing of personal data. Increasingly, US companies are outsourcing data processing to other countries. Although the United States lags much of the world in data protection, our personal information is being sent overseas to many countries that lack the same level of privacy protections as the United States. […]

Georgia v. Randolph and Consent to Search One’s Home

Once upon a time, a wolf came to the home of a little pig: Wolf: “Hello, little pig, let me come in.” Pig: “No, no! Not by the hair of my chinny chin chin!” Wolf: “Well, then I’ll huff and I’ll puff and I’ll blow your house in.” Pig’s Wife: “That won’t be necessary, Wolf, […]