PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

The New RFID Chip

Computer Chip

Hitachi has developed a new RFID chip, one that is much smaller than existing chips. This new chip is not that much bigger than the size of a grain of sand. RFID stands for “radio frequency identification.” RFID chips are tiny computer chips embedded into products and animals (and sometimes people) to identify and track them. […]

NYC Subway Searches

Subway

The U.S. Court of Appeals for the 2nd Circuit recently upheld New York City’s program of random searches at subways. The case is McWade v. Kelly, No. 05 6754 CV (2d Cir. 2006). The program was initiated after the London subway bombing. Back in December, 2005, a federal district court upheld the searches, which are conducted […]

Is Any Privacy Left in the Workplace?

Privacy in the Workplace

Recently, in United States v. Ziegler, a panel of the U.S. Court of Appeals for the Ninth Circuit concluded that under the Fourth Amendment, a private sector employee has no reasonable expectation of privacy in his computer if the employer’s computer administrator has access to that computer.

Sex in Kansas

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 […]

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

Consent to Search a Home Under the Fourth Amendment

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, […]

Beyond His Power: Bush’s Authorization of Warrantless NSA Surveillance

Surveillance Government

In this post, I aim to explore more in depth whether Bush had the legal power to authorize warrantless NSA surveillance. As I was putting the finishing touches on this post, I noticed that Orin Kerr beat me to the punch, and I find that we’ve identified the same issues and are in substantial agreement. His post […]

Subways, Searches, and Slippery Slopes

Subway Searches

The gloves are off. Dave Hoffman has lodged another challenge to my position, and I want to take a quick moment to defend myself. I believe that Dave mischaracterizes my arguments in several places and exaggerates some of my claims. So I’ll attempt to clear up any confusion as to my positions and try to defend my […]