PRIVACY + SECURITY BLOG

News, Developments, and Insights

Councilman: Just What Does it Take for a Law to Be Vague?

To nobody’s surprise, my colleague and electronic surveillance law expert extraordinaire Orin Kerr at the VC beat everybody to the punch in announcing that the 1st Circuit reversed the panel in United States v. Councilman.  As Kerr concisely explains the panel decision in an earlier post:

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 […]