I’m delighted to announce that I have posted the full text of my book, NOTHING TO HIDE: THE FALSE TRADEOFF BETWEEN PRIVACY AND SECURITY (Yale University Press 2011) on SSRN for free. With the press’s permission, I’m posting the entire book on SSRN, free for personal use. Students assigned the book for a class may […]
Professor Paul Schwartz and I recently edited the Schrems II decision for our Information Privacy Law casebook. Schrems II is short for Facebook Ireland Ltd. v. Maximillian Schrems — the second challenge by Maximillian Schrems to the transfer of data between the EU and US. In Schrems I, the European Court of Justice (CJEU) invalidated the Safe […]
The U.S. Supreme Court has been notoriously slow to tackle new technology. In 2002, Blackberry launched its first smart phone. On June 29, 2007, Steve Jobs announced the launch of the original Apple iPhone. But it took the Supreme Court until 2014 to decide a case involving the Fourth Amendment and smart phones – Riley […]
The U.S. Supreme Court will be hearing arguments this week in Carpenter v. United States, which is one of the most important Fourth Amendment cases before the Court. The case involves whether the Third Party Doctrine will remain viable. If so, the Fourth Amendment will fade into obsolescence in today’s digital age. In this post, […]
In response to government surveillance or massive data gathering, many people say that there’s nothing to worry about. “I’ve got nothing to hide,” they declare. “The only people who should worry are those who are doing something immoral or illegal.” The nothing-to-hide argument is ubiquitous. This is why I wrote an essay about it 10 […]
Ransomware is on a rampage! Attacks are happening with ever-increasing frequency, and ransomware is evolving and becoming more powerful. Several major media sites, such as the New York Times, BBC, AOL, and the NFL, were recently infected with malware that directed visitors to sites attempting to install ransomware on their computers. Ransomware has the potential […]
A dramatic legal battle is taking place that will have dramatic implications for the future of technology, privacy, security, and the extent of government power. The FBI obtained an order from a magistrate judge to force Apple to develop software to help the FBI break into an encrypted iPhone.
Last year, the death of the US-EU Safe Harbor Arrangement sent waves of shock and despair to the approximately 4500 companies that used this mechanism to transfer personal data from the US to the EU. But a new day has dawned.
I’ve long been saying that privacy need not be sacrificed for security, and it makes me delighted to see that public attitudes are aligning with this view. A Pew survey revealed that a “majority of Americans (54%) disapprove of the U.S. government’s collection of telephone and internet data as part of anti-terrorism efforts.” The anti-NSA […]