PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

Hi-Tech Rat Race: Law Enforcement Surveillance and New Technology

Facial Recognition

Brian Bergstein writes in an AP article about the issue of law enforcement surveillance and technology:

With each new advance in communications, the government wants the same level of snooping power that authorities have exercised over phone conversations for a century. Technologists recoil, accusing the government of micromanaging — and potentially limiting — innovation.

Today, this tug of war is playing out over the Federal Communications Commission’s demands that a phone-wiretapping law be extended to voice-over-Internet services and broadband networks.

Opponents are trying to block the ruling on various grounds: that it goes beyond the original scope of the law, that it will force network owners to make complicated changes at their own expense, or that it will have questionable value in improving security.

No matter who wins the battle over this law — the Communications Assistance for Law Enforcement Act, known as CALEA — this probably won’t be the last time authorities raise hackles by seeking a bird’s eye view over the freewheeling information flow created by new technology.

 

Continue Reading

National Security Letters

National Security Letter - NSL

Did you know that the FBI can issue a letter to an Internet Service Provider or a financial institution demanding that they turn over data on a customer? The letter doesn’t require probable cause. No judge must authorize the letter. The FBI simply issues the letter and gets the information. There’s a gag order, too, preventing the institution receiving the letter from mentioning this fact.

Continue Reading

Using Lawsuits to Unmask Anonymous Bloggers

Anonymous Bloggers

An interesting recently-filed lawsuit raises the issue of whether a company can file a lawsuit just to find out the identity of an anonymous blogger in order to fire him.

The case involves an employee of Allegheny Energy Service who posted an anonymous comment to a Yahoo! message board devoted to his company. He made the posting from his home computer. In the post, he attacked the company’s management as well as the company’s diversity program, using a racial slur in the process.

Continue Reading

Free Credit Reports: My Exciting Adventure

Credit Report

Under the federal Fair and Accurate Credit Transactions Act of 2003, the credit reporting agencies must provide a yearly free credit report to individuals who request it. This was one of the benefits given to consumers by the law in return for extending the federal preemption of certain state law regulations.

Continue Reading

Unusual Law School Classes

Law School Unusual Courses

I recently posted about a law school course about wine, only to discover that it’s not all that unusual. That got me thinking fondly of my days in law school, where there were many unusual courses – probably due to the fact I went to Yale. I located my old course bulletins, and here are 10 of my favorite unusual courses from those bulletins.

Continue Reading

Making Universities Pay for Government Surveillance

Government Surveillance CALEA

In 1994, Congress passed a law called the Communications Assistance for Law Enforcement Act (CALEA), which requires telecommunication providers to build wiretapping and surveillance capabilities for law enforcement officials into their new technologies.

Continue Reading

Genetic Testing: Further Debate with Richard Epstein

Privacy of Genetic Information

Richard Epstein has posted a reply continuing our debate over whether employers should be able to use genetic testing information to make employment decisions regarding employees. Here are the posts in our debate so far:

1. Solove, IBM vs. NBA: Using Employee Genetic Information

2. Epstein, Two Cheers for Genetic Testing

3. Solove, A Reply to Richard Epstein on Genetic Testing

4. Epstein, A Third Cheer for Genetic Testing

Continue Reading

Is There One Best Method of Constitutional Interpretation?

Constitution First Amendment

Although the Supreme Court feels some pressure for consistency via precedent, it doesn’t seem to strive at all for consistency in interpretive approach. Thus, the Court’s opinions are all over the map when it comes to the method of constitutional interpretation. Sometimes the Court reads the Constitution broadly and dynamically; sometimes it interprets the Constitution narrowly; sometimes it becomes a textualist; sometimes it becomes obsessed with original intent. And all this can happen in the same year!

Continue Reading

A Reply to Richard Epstein on Genetic Testing

Genetic Privacy

In his first post to the relatively new Chicago Law Faculty Blog(which has turned out to be a really interesting blog by the way), Professor Richard Epstein argues against my recent post about genetic testing in the workplace. Epstein disagrees with my general view that it is better to restrict employers from using genetic information in making employment decisions.

Continue Reading