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2

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.

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3

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. 

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4

“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.

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5

Cross Border Data and Human Rights – Lawfare Blog with Privacy International

CDT’s Greg Nojeim and Privacy International’s Scarlet Kim have authored a blog post about the UK-US cross border law enforcement demands agreement and the legislation the U.S. Department of Justice proposed to clear the way for the agreement. Nojeim and Kim argue that changes are needed to the proposed legislation in order to protect human rights.

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6

European Commission Strategy on Criminal Justice in Cyberspace Can Move the Debate Forward

As part of the European Agenda on Security, the European Commission committed to addressing, among many other things, the challenges law enforcement authorities face when obtaining digital evidence for cross-border criminal investigations. The Council of Europe’s Cybercrime Convention Committee’s progress report provides new and very relevant data that can help inform the efforts towards workable solutions

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8

CDT Challenges Overly Broad Surveillance Demand On Facebook

Today, we joined the ACLU, the NYCLU, and the New York State Association of Criminal Defense Lawyers in defense of the rights of 381 Facebook users whose records were sought en masse by the Manhattan District Attorney. We filed a brief arguing that Facebook has the right to challenge the warrants on behalf of its users, and to notify its users that the government was seeking the contents of their accounts.

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10

UK Investigatory Powers Bill Imperils Public Safety by Undermining Data Sharing with the US

The British House of Lords reconvenes on September 5, when it will resume consideration of the Investigatory Powers Bill. So far, the British government has failed to adequately address the many troubling aspects of this legislation. If this trend continues, the legislation will pass and confer vast surveillance authorities on British intelligence and law enforcement entities. While this might appear to be a boon to intelligence and law enforcement surveillance, it may turn out to be a bust because it would undermine the United Kingdom’s efforts to strike a data sharing agreement with the United States.

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