Search

Filters Applied

1

CDT Urges Court to Uphold Fourth Amendment Protections for Email Content

Recently, CDT joined the Electronic Frontier Foundation, National Association of Criminal Defense Lawyers, and the Brennan Center for Justice in a brief to argue that a user’s Fourth Amendment rights in email content do not expire when an email service provider terminates a user’s account pursuant to its terms of service. The government must still obtain a warrant prior to searching that user’s email account. The case is United States v. Ackerman, in which a district court determined – based on those facts – that a warrant was unnecessary to access email content because termination of the account vitiated the account holder’s reasonable expectation of privacy in his email. The case was appealed and we filed an amicus brief opposing this holding.

Read More Read More
2

Initial Observations on the European Commission’s E-Evidence Proposals

On April 17, the European Commission published its long-awaited draft legislation on E-Evidence to facilitate cross-border demands for internet users’ communications content and metadata. EU Member States and the European Parliament will now begin their review of the proposed legislation. In this post, we more fully describe the Regulation and Directive.

Read More Read More
4

Ten Human Rights Criteria for Cross Border Demands

The European Commission is slated to announce an initiative to facilitate cross-border demands for internet users’ communications content. CDT has prepared a list of human rights protections that should be built into any mechanism designed to facilitate cross-border law enforcement demands, and after the E-Evidence proposal is unveiled, we intend to grade it against this list.

Read More Read More
5

Inspector General: FBI Chomping at the Bit for Backdoors to Encryption

For years, the Federal Bureau of Investigation has been lobbying for backdoor access to the communications of every American. The Bureau has long argued it is “going dark” and can’t access communications protected by encryption. This concern was the basis of the famous Apple v. FBI case, where the FBI attempted to force Apple to break the encryption protecting the iPhone of San Bernardino, CA terrorist Syed Rizwan Farook. Now, a damning report released by the Department of Justice Inspector General casts significant doubt on that argument and the FBI’s honesty in making it.

Read More Read More
6

CDT Urges Council of Europe to Ensure High Transparency Standards for Cybercrime Negotiations

Today, the Center for Democracy & Technology, along with 93 other civil society organizations, sent a letter to the Secretary General of the Council of Europe, Thorbjørn Jagland, requesting transparency and meaningful civil society participation in the Council of Europe’s negotiations of the draft Second Additional Protocol to the Convention on Cybercrime.

Read More Read More
8

As Device Searches at Border Grow, Courts Must Step in to Safeguard Constitutional Protections

On February 2, CDT filed an amicus brief in Alasaad v. Nielsen arguing that warrantless, suspicionless border searches of electronic devices such as laptops and cell phones violate the First and Fourth Amendments to the Constitution. Digital—we argue—is different, and the need to address these border searches is pressing because digital content is becoming far more prevalent.

Read More Read More
9

CDT Argues Against Extraterritorial Warrants in Microsoft-Ireland Brief

CDT argued in an amicus brief filed with the U.S. Supreme Court in the Microsoft-Ireland case that warrants issued by U.S. courts cannot compel the disclosure of communications content stored outside the United States. We explain in the brief that a contrary rule authorizing extraterritorial U.S. warrants would be an open invitation to foreign governments to insist that their own legal process compels the disclosure of data stored in the United States. This would create chaos at the expense of privacy. We also explain that authorizing the U.S. government to compel the disclosure of data stored abroad would damage the cloud computing industry by reducing trust. 

Read More Read More
10

“Hacking Back” a Recipe for Digital Arms Race

“Malicious hacking”—using technological means to penetrate or manipulate the networks, data, or devices of others without permission is a threat to the Internet and to the health of the Internet infrastructure companies that serve as its backbone. “Hacking back” would make us all more vulnerable to more sophisticated and frequent attacks. Our focus should be on protecting networks from intrusion, rather than making them more vulnerable by turning the Internet ecosystem into a digital war zone.

Read More Read More