Although U.S. persons cannot be targeted under Section 702, their communications with non-U.S. persons can be collected and retained for years. The NSA, CIA, and FBI can query 702-acquired information using a U.S.-person identifier, without a warrant or court order. This loophole allows the government to bypass the Fourth Amendment’s protection against warrantless searches.
State legislators and regulators face unprecedented privacy and security policy issues related to new technologies. Accurate definitions of key technologies, processes, or subject areas, then, are critical to enabling state lawmakers to express their legislative intent, correctly scope implementation of a law, and effectively protect personal privacy. Such definitions should be technically-sound, durable, accurate, and provide options for achieving the intended results of the bill’s author.
Senators Mike Lee (R-UT) and Patrick Leahy (D-VT) have introduced a sweeping, bipartisan measure to modernize our electronic communication privacy laws. Lee and Leahy have long been champions of reform, advancing measures such as the Email Privacy Act. The ECPA Modernization Act of 2017 goes well beyond that effort and proposes important updates to the Electronic Communications Privacy Act (ECPA) – a law Senator Leahy helped draft more than 30 years ago – to address the reality of communications in the modern digital age.
Last week, CDT submitted comments to the FCC concerning its proposal to roll back the net neutrality protections established under the 2015 Open Internet Order (OIO). The comments are a direct response to the Notice of Proposed Rulemaking (NPRM) released by FCC Chairman Ajit Pai, which details the formal basis for the repeal. Our analysis details our concerns about the legal and policy rationale for the NPRM, highlighting the lack of legal authority for the proposal and the practical policy consequences for internet users and internet-based companies.
Back in March, CDT, along with more than 50 other civil society groups and trade associations, wrote a letter to Department of Homeland Security Secretary John Kelly urging that he back away from DHS proposals to use border searches as a tool to collect passwords and other social media information. Today we received a response. Unfortunately, the reply largely ducks our concerns, ignoring the main issues at play and doing little to shed light on the government’s plans or put to rest controversy about its contentious proposal. This non-answer is deeply troubling because it seems to indicate that Customs and Border Protection (CBP, which is a sub agency of DHS) is doing nothing to change course from a recent, dangerous trend: the use of the U.S. border as a tool to conduct broad surveillance.